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EDWARDS v. ST. LOUIS COUNTY

No. 53639.

429 S.W.2d 718 (1968)

Ninian M. EDWARDS, Joseph P. Logan, and Martin Schiff, Jr., Respondents, v. ST. LOUIS COUNTY, Missouri, a Body Corporate and Politic, Lawrence K. Roos, Supervisor of St. Louis County, Hugh Scott, Jr., John O'Hara, Maurice W. Osborn, Gerald A. Rimmell, Brainerd W. LaTourette, Jr., Boris M. Martin, and Maurice L. Stewart, as Members and Constituting the County Council of St. Louis County, Missouri, and Thomas C. Dunne, Treasurer of St. Louis County, Missouri, Appellants.

Supreme Court of Missouri, En Banc.

July 8, 1968.

Attorney(s) appearing for the Case

Ninian M. Edwards, Martin Schiff, Jr., Edwards & Schiff, Joseph P. Logan, Clayton, for respondents.

Joseph B. Moore, St. Louis County Counselor, Morton I. Golder, Associate County Counselor, Patrick M. Fiandaca, II, Asst. County Counselor, Clayton, for appellants.

John E. Kelley, County Counselor, Guy Rice, Asst. County Counselor, Robert B. Fizzell, Robert B. Fizzell, Jr., Richard E. Petrie, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for amicus curiae.

EAGER, Judge.

The question here is, simply stated, which of two conflicting statutes controls the rate of interest which counties may fix and pay on general obligation bonds. The suit is one brought by taxpayers for a declaratory judgment. No facts are in dispute. The County Council of St. Louis County adopted the necessary resolutions for the publication of notice and the sale of one $1,000 public improvement bond (out of an authorized total of $26,509,000 previously...

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