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STATE v. MAXWELL

No. 38614.

350 P.2d 282 (1960)

STATE of Oklahoma ex rel. Ben BAKER, Plaintiff in Error, v. James L. MAXWELL, Mayor, Robert L. Mawhinney, Commissioner of Fire and Police, Guy Hall, Jr., Commissioner of Streets and Public Property, Robert Leikam, Commissioner of Waterworks and Sewerage, and Fay Young, Commissioner of Finance and Revenue, constituting the Mayor and Board of Commissioners of the City of Tulsa, Oklahoma, Defendants in Error.

Supreme Court of Oklahoma.

March 8, 1960.

Attorney(s) appearing for the Case

Milton W. Hardy, of Hardy & Hardy, Tulsa, for plaintiff in error.

Darven L. Brown, City Atty., Wilton W. Works, Asst. City Atty., Tulsa, for defendants in error.

BLACKBIRD, Justice.

This is an appeal from a judgment of the District Court, hereinafter referred to as the "trial court", refusing to issue a peremptory writ of mandamus against the defendants in error, who are the Mayor and Members of the Board of Commissioners of the City of Tulsa. The apparent object of the mandamus action was to require the defendants in error, hereinafter referred to as respondents, to retain Ben Baker...

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