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STATE v. REORGANIZED SCHOOL DISTRICT R-VI

No. 44689.

284 S.W.2d 535 (1955)

The STATE of Missouri, at the Information of J. Patrick WHEELER, Prosecuting Attorney of Lewis County, Missouri, at the relation of John BERHORST, Frank H. Gaus, Homer E. Gaus, Asberry Boyer, George Ellison, Roy O. Crist, Charles Shumate, John Hate, W. J. Stephens, W. B. Powell, J. C. Wiseman, Ray Bowman, W. A. Nofsinger, Herbert Barr, A. C. Elsenberg, Noah Stahl, Sumner Henry, George Widdows, George Richter and J. O. Reid, Appellants, v. REORGANIZED SCHOOL DISTRICT R-VI IN LEWIS COUNTY, Missouri, Robert S. Maiers, Thomas Brown, James Nunn, Roy McDowell, W. L. Breuer, and Theodore Sturhan, Board of Education of Reorganized School District R-VI in Lewis County, Missouri, Kenneth S. Plant, Collector of Lewis County, Missouri, and Bleigh Construction Company, a Missouri Corporation, Respondents.

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 appellants.

Boyle G. Clark, Raymond C. Lewis, Jr., Columbia, Clark & Becker, Columbia, of counsel for respondents.

STORCKMAN, Judge.

This is an action seeking to declare a school tax levy void and to enjoin its collection. Defendants' motions to dismiss plaintiffs' petition were sustained and plaintiffs have appealed. This case was consolidated for argument on appeal with the case of Rathjen v. Reorganized School District R-II of Shelby County, No. 44,787, 284 S.W.2d 516.

The relators are residents and taxpayers of the defendant school...

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