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RATHJEN v. REORGANIZED SCHOOL DISTRICT R-II

No. 44787.

284 S.W.2d 516 (1955)

Alfred RATHJEN, C. E. Doyle, Clarence E. Coleman, V. B. Vondiber, C. A. VonThun, J. E. VonThun, Bert McCowell, Luther Turner, Carl Gillespie, W. Elwyn Jones, M. G. Conrad, Don Beckley, Alfred Beckley, Lee Gainer, H. L. Turner, G. D. Garner, Orin F. Schwanke, Jr., O. F. Lawson, Roy Cockrum, Leroy Miles, Vincil W. Foreman, N. F. Keith, Carl Griffith and Richard Griffith, Respondents, v. REORGANIZED SCHOOL DISTRICT R-II OF SHELBY COUNTY, Missouri, Carl Belt, Frank Wand, John Bradley, John McEwen, Justin Peoples, Steve Bowdish, Board of Education of Reorganized School District R-II of Shelby County, Missouri, James E. Kidwell, Collector of Shelby County, Missouri, Appellants.

Supreme Court of Missouri. En Banc.

Rehearing Denied December 12, 1955.

Attorney(s) appearing for the Case

J. Andy Zenge, Jr., J. Patrick Wheeler, Canton, Rendlen & Rendlen, Hannibal, for plaintiffs.

John M. Dalton, Atty. Gen., John W. Inglish, Asst. Atty. Gen., for defendant James E. Kidwell, Collector of Shelby County, Mo.

Hess & Collins, Paul D. Hess, Jr., Macon, for Reorganized School Dist. R-II of Shelby County, Mo., Carl Belt, Frank Wand, John Bradley, John McEwen, Justin Peoples, Steve Bowdish, Board of Education of Reorganized School Dist. R-II of Shelby County, Mo.

STORCKMAN, Judge.

Two cases involving the same question were consolidated for argument on appeal. Both cases involve the legality of a school tax levy. In one case the trial court decided in favor of the legality of the tax, and in the other case the decision was against its validity. One opinion on the merits will be written. In neither case are the facts in dispute.

Briefly, the essential facts in this case are that at a special election in the defendant...

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