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KASTEN v. GUTH

No. 51089.

395 S.W.2d 433 (1965)

Oscar P. KASTEN, Respondent, v. Ora N. GUTH, Appellant.

Supreme Court of Missouri, Division No. 1.

November 8, 1965.

Attorney(s) appearing for the Case

Stephen N. Limbaugh, Limbaugh, Limbaugh & Russell, Cape Girardeau, for respondent.

Francis Toohey, Jr., Roscoe D. Moore, Perryville, for appellant.

DONNELLY, Judge.

This is an election contest wherein Oscar P. Kasten, contestant-respondent, contests the election of Ora N. Guth, contestee-appellant, as Superintendent of Schools of Perry County, Missouri.

The election was held April 2, 1963. The name of Ora N. Guth appeared on the printed ballot. Oscar P. Kasten was a write-in candidate.

We have jurisdiction because the case involves title to an "office under this state." Art. V, § 3, Const...

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