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CHAFFIN v. COUNTY OF CHRISTIAN

No. 49073.

359 S.W.2d 730 (1962)

Joe N. CHAFFIN, Respondent, v. The COUNTY OF CHRISTIAN, Thomas F. Eagleton, Attorney General, and Haskell Holman, State Auditor, Appellants.

Supreme Court of Missouri, En Banc.

September 10, 1962.

Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., Wayne W. Waldo, Asst. Atty. Gen., Jefferson City, for defendants-appellants.

Moore, Pettit & Steinle, J. Hal Moore and Walter S. Pettit, Jr., Aurora, for respondent.

STORCKMAN, Judge.

This is a declaratory judgment action to determine the constitutionality of subdivision 2 of § 48.030, RSMo 1959, V.A.M.S., and the rights of the plaintiff thereunder. The part of the section questioned provides in substance that although otherwise qualified no county of the fourth class shall become a county of the third class until the question is submitted to the people and approved by a majority of the electors at a general election. The...

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