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STATE v. BILYEU

No. 48913.

351 S.W.2d 457 (1961)

STATE of Missouri, at the Relation of James K. HAND, Arthur P. Beauchamp, and George L. Thompson, of Maries County, Missouri; and Homer Campbell, Clyde Bull, Clarence Martin, Gene Smoot, Eugene Elkins, and Millard Hauck, Members of Board of Directors, Dixon Reorganized Schools R-1, Pulaski County, Missouri, Relators, v. Jesse BILYEU, Reba Deardueff, and Von Conner, Last Members of West Fairview School District No. 52, Maries County, Missouri; Von Conner, (Mrs.) Dessie Bilyeu, and Frank Hodge of Maries County, Missouri, and Willard Terry, Howard Henderson, Max John, Tim Ramsey, Ed Minzes, and James Murphy, Board of Directors, Reorganized School District R-1, Maries County, Missouri, Respondents.

Supreme Court of Missouri, En Banc.

November 13, 1961.

Attorney(s) appearing for the Case

Edgar M. Eagan, Jefferson City, of counsel for appellants.

Bond & Dominique, John O. Bond, P. Pierre Dominique, Jefferson City, for respondents.

Thomas F. Eagleton, Atty. Gen., C. B. Burns, Jr., J. Gordon Siddens, Asst. Attys. Gen., for intervenor.

WESTHUES, Judge.

This is a mandamus proceeding which grew out of whether a common school district, known as West Fairview School District No. 52 of Maries County, Missouri, should be attached to Reorganized School District R-1, Maries County, or to the Dixon Reorganized Schools R-1 in Pulaski County. The cause was first heard in the Circuit Court of Maries County, Missouri, where the trial court quashed the alternative writ which had theretofore been issued. An appeal...

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