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STATE v. MILLER

304 S.W.2d 654 (1957)

STATE of Tennessee ex rel. J.H. WALLEN et al. v. Wallace S. MILLER, Sr.

Supreme Court of Tennessee.

June 7, 1957.

Attorney(s) appearing for the Case

Dietzen, Graham, Dietzen & Brock, Chattanooga, for petitioners.

Van Cleave & Hatfield, Chattanooga, for respondent.

BURNETT, Justice.

The Court of Appeals, in a well reasoned and succinct opinion prepared for that Court by Hale, J., has stated the proposition here to be determined as follows:

"The question: May private citizens, without the intervention of the District Attorney, maintain a suit in the nature of quo warranto against an allegedly unfaithful public officer to have him removed from office and declared to be ineligible for the same or similar position for ten...

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