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STATE v. CARPENTER

Nos. 50215, 50216.

388 S.W.2d 823 (1965)

STATE of Missouri ex rel. George W. VOSSBRINK, Paul A. Hale, J. L. Atkinson, Nannie Jenkins, Roger Smith, H. C. Holt and Elmo Ingenthron, Respondents. v. Milton CARPENTER, Treasurer of the State of Missouri, Charles D. Trigg, Comptroller and Director of the Budget of the State of Missouri, Hubert Wheeler, Commissioner of Education, and Mrs. True Davis, Elston Melton, Louis W. Menk, Warren Head, T. A. Haggard, Charles F. Lampkin, Jack Webster, Francis Harriet Williams, Members of the State Board of Education, Appellants. George W. VOSSBRINK, Paul A. Hale, J. L. Atkinson, Nannie Jenkins, Roger Smith, H. C. Holt, Elmo Ingenthron, Ben Frieberger, Donald Stewart and Carroll McCubbin, Respondents, v. Milton CARPENTER, Treasurer of the State of Missouri, Charles D. Trigg, Comptroller and Director of the Budget of the State of Missouri, Hubert Wheeler, Commissioner of Education, and Mrs. True Davis, Elston Melton, Louis W. Menk, Warren Head, T. A. Haggard, Charles F. Lampkin, Jack Webster, Francis Harriet Williams, Members of the State Board of Education, Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 12, 1965.

Attorney(s) appearing for the Case

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

Warren D. Welliver, Terence C. Porter, Columbia, Welliver, Porter & Cleaveland, Columbia, of counsel, for respondents.

BARRETT, Commissioner.

In this appeal two separately instituted actions, one for a declaratory judgment and the other in mandamus, have been consolidated for all purposes. The ten plaintiff-relators are the duly elected superintendents of schools of their respective counties: Vossbrink, St. Louis County, Hale, Greene County, Atkinson, Lafayette County, Jenkins, Hickory County, Smith, Cole County, Holt, DeKalb County, Ingenthron, Taney County, Frieberger, Callaway...

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