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STATE v. NORTHUP

No. 49534.

367 S.W.2d 512 (1963)

STATE of Missouri on the information of Norman Anderson, Prosecuting Attorney, at the relation of John W. McNUTT, Appellant, v. Byrle A. NORTHUP, Respondent, City of Brentwood, Intervenor.

Supreme Court of Missouri, Division No. 2.

May 13, 1963.

Attorney(s) appearing for the Case

Robert W. Henry, Clayton, for appellant.

Ziercher, Tzinberg, Human & Michenfelder, Albert A. Michenfelder, Jr., Clayton, for respondent.

John F. Nangle, Clayton, for intervenor.

BOHLING, Commissioner.

Quo warranto on the information of the prosecuting attorney of St. Louis County at the relation of John W. McNutt to try the right of Byrle A. Northup, respondent to the office of Alderman from Ward 4, City of Brentwood, a city of the fourth class. The City of Brentwood was permitted to intervene upon motion. Relator and respondent received the same number of votes for said office at an election held April 4, 1961. Section 79.070, RSMo 1959...

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