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CITY OF ST. LOUIS v. CROWE

No. 50032.

376 S.W.2d 185 (1964)

CITY OF ST. LOUIS, a Municipal Corporation, Appellant, v. James E. CROWE, Herman Willer, Arthur K. Atkinson, and E. Kenneth Hagemann, comprising the Board of Election Commissioners of the City of St. Louis, Defendants-Appellants, Thomas F. Eagleton, Attorney General, Intervenor-Respondent.

Supreme Court of Missouri, Division No. 2.

March 9, 1964.

Attorney(s) appearing for the Case

Thomas J. Neenan, City Counselor, David S. Hemenway, Assoc. City Counselor, St. Louis, for plaintiff-appellant.

Samuel H. Liberman, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, for defendants-appellants.

Thomas F. Eagleton, Atty. Gen., Joseph Nessenfeld, Asst. Atty. Gen., Jefferson City, for respondent.

PRITCHARD, Commissioner.

In this Declaratory Judgment Action plaintiff, City of St. Louis (hereinafter called "City"), sought to have a judicial construction of Section 121.100(4) (all statutory references are to RSMo 1959, V.A.M.S.) as it relates to the listing of candidates for the offices in primary elections upon the spaces of the voting machines used in that city, as such a construction might bear upon the contemplated action of the members of the Board of Election...

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