EBERLE v. PLATO CONSOLIDATED SCHOOL DISTRICT NO. C-5

No. 46243.

313 S.W.2d 1 (1958)

Larry EBERLE, E. Spriggs, Walter Moorman, Bob Hart, Lee Welch, Henry Richards, Orvil James, Gladys Eberle, Alice Kimrey, D. F. Elmore, Arthur Elmore, N. E. Hancock, John Burris, Orville Payne, Clarence McComas, Jess Wallace, Kenneth Wolfe, Oliver Wolfe, Loyd M. Wolfe, and Evan Pickett, Appellants, v. PLATO CONSOLIDATED SCHOOL DISTRICT NO. C-5 OF TEXAS COUNTY, Missouri, and Cecil Benson, Harold McLaughlin, Otto Mace, Floyd Duff, Delmar Ponnell, Clinton Lemons, Members of the Board of Education of said School District, Lowell Clark, Secretary of said Board of Education, and Haskell Holman, State Auditor of Missouri, Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied May 12, 1958.


Attorney(s) appearing for the Case

Claude T. Wood, Richland, Weldon W. Moore, Rolla, for appellants. Wm. Duke Hiett, Houston, for all respondents except Haskell Holman, State Auditor of Mo.

John M. Dalton, Atty. Gen., Richard W. Dahms, Asst. Atty. Gen., for respondent Haskell Holman, State Auditor of Mo.


Motion for Rehearing or to Transfer to Court en Banc Denied May 12, 1958.

COIL, Commissioner.

Whether Plato Consolidated School District No. C-5 of Texas County should incur an indebtedness of $53,000 and issue its bonds therefor to complete and furnish an elementary school building and repair a high school building was submitted to the district's qualified voters on June 5, 1956. The judges of election certified that there were 248 votes for, 118 against...

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