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CORNELL v. SHERRER

No. 40406.

397 P.2d 105 (1964)

Jimmy CORNELL, Plaintiff in Error, v. Leon SHERRER, Mayor of the City of Durant, Oklahoma, Defendant in Error.

Supreme Court of Oklahoma.

November 4, 1964.

Attorney(s) appearing for the Case

Joseph O. Minter, Madill, for plaintiff in error.

Phillips & Moore by John Allen Phillips, II, Durant, for defendant in error.

IRWIN, Justice.

On the 17th day of September 1962, Jimmy Cornell filed with Leon Sherrer, Mayor of the City of Durant, Oklahoma, a petition requesting the mayor to call an election to change Durant's form of government to the statutory aldermanic form. The mayor did not issue a proclamation calling for the election within ten (10) days after the petition was filed. On October 2nd, Cornell commenced proceedings in the district court and prayed for a writ of mandamus...

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