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STATE v. TILLATSON

No. 46558.

312 S.W.2d 753 (1958)

STATE of Missouri ex rel. A. V. KUGLER, Estalene Kugler, S. Lunsford, Frances Lunsford, Carl Mohr, Louise Mohr, J. H. B. Mohr, Virgil Mohr, Rudolph Deitrich, Della Deitrich, Price Doctorman and Florence Doctorman, Respondents, v. W. M. TILLATSON, W. E. Shannon, John Adams, Maenard Egbert, Weldon Tague and Hubert Deitrich, as members of the Board of Education of Reorganized School District No. 3 of Scotland County, Missouri, Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied and Opinion Modified May 12, 1958.

Attorney(s) appearing for the Case

Jayne & Jayne, Kirksville, for appellants.

L. F. Cottey, Lancaster, J. B. Smoot, Memphis, for respondents.

EAGER, Judge.

The appeal in this case was originally taken to this court, but the cause was transferred to the St. Louis Court of Appeals for lack of jurisdiction. 300 S.W.2d 517. The opinion of the Court of Appeals appears at 304 S.W.2d 485. Thereafter this court ordered the cause transferred, and it is now here as upon an original appeal.

The proceeding is one in mandamus to compel the...

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