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STATE v. SMALL

No. 49177.

356 S.W.2d 864 (1962)

STATE of Missouri, at the Relation of NORMANDY SCHOOL DISTRICT OF ST. LOUIS COUNTY, Missouri, and the Curators of the University of Missouri, Relators, v. Fred R. SMALL, as President of the School Board of the Normandy School District of St. Louis County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 14, 1962.

Attorney(s) appearing for the Case

John H. Lashly, St. Louis, for relator Normandy School Dist. of St. Louis County, Paul M. Peterson, Columbia, for relator The Curators of the University of Missouri, Lashly, Lashly & Miller, St. Louis, of counsel.

John B. Sharpe, St. Louis, for respondent.

Hayes & Hayes, James P. Hayes, St. Louis, for amicus curiae.

DALTON, Judge.

This is an original proceeding in mandamus. Our alternative writ was issued upon relators' application therefor and respondent's waiver of service and acceptance of the application as the alternative writ. After the filing of respondent's return, the parties filed a stipulation as to the facts, whereupon relators filed their motion for judgment notwithstanding respondent's return.

Relator Normandy School District is a city school district duly...

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