ENGLAND v. ECKLEY

No. 47608.

330 S.W.2d 738 (1959)

Lester ENGLAND et al., Appellants, v. Leonard ECKLEY, Clerk of Consolidated School District No. 2, Audrain County, Missouri, et al., Respondents, Herbert BEAMER et al., Appellants, v. Leonard ECKLEY, Clerk of Consolidated School District No. 2, Audrain County, Missouri, et al., Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 11, 1960.


Attorney(s) appearing for the Case

Ralph L. Alexander, Warren D. Welliver, Columbia, Alexander, Welliver & Wayland, Columbia, of counsel, for appellants.

Latney Barnes, William W. Van Matre, Jr., Mexico, Barnes and Barnes, Mexico, Van Matre and Van Matre, Mexico, of counsel, for respondents.

John M. Dalton, Atty. Gen., John W. Inglish, Asst. Atty. Gen., for State Board of Education amicus curiae.

Brown, Douglas & Brown, R. A. Brown, St. Joseph, for King City School Dist. R-I, amicus curiae.

Don C. Carter, Sturgeon, for Sturgeon School Dist. R-V.


EAGER, Judge.

These cases were transferred here from the St. Louis Court of Appeals by order of this court. The opinion of the Court of Appeals appears at 322 S.W.2d 146. It contains an excellent digest of the facts and the issues, and we shall not relate the facts again in detail. The two proceedings in mandamus were consolidated for trial and on appeal and have been considered together throughout. Alternative writs were issued...

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