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STATE v. HOLMAN

No. 49009.

349 S.W.2d 945 (1961)

STATE of Missouri ex rel. the SCHOOL DISTRICT OF the CITY OF JEFFERSON, COLE COUNTY, Missouri, Relator, v. Haskell HOLMAN, State Auditor, Respondent.

Supreme Court of Missouri, En Banc.

October 9, 1961.

Attorney(s) appearing for the Case

James T. Blair, Jr., Henry Andrae, John E. Burruss, Jr., Jefferson City (Hendren & Andrae, Jefferson City, of counsel), for relator.

Thomas F. Eagleton, Atty. Gen., C. B. Burns, Jr., and J. Gordon Siddens, Asst. Attys. Gen., for respondent, Haskell Holman, State Auditor.

Alden S. Lance, Raymond O. Sears, L. Glen Zahnd, Savannah, for intervenor.

Claude T. Wood, Richland, Weldon W. Moore, Rolla, for Clark D. Nichols and others, amici curiae.

Donnelly & Donnelly, Robert T. Donnelly, Lebanon, Neale, Newman, Bradshaw, Freeman & Neale, Jean Paul Bradshaw, O. J. Taylor, Springfield, amici curiae.

WESTHUES, Judge.

This is a mandamus proceeding filed in this court by the School District of the City of Jefferson, Cole County, Missouri, wherein it seeks to compel the State Auditor to register a bond which is one of a number of bonds authorized by the voters of the school district at an election held on June 27, 1961. In the return filed by the State Auditor, all of the material allegations of the petition were admitted except the allegation that the bonds were...

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