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STATE EX REL PHELPS COUNTY v. HOLMAN

No. 56147.

461 S.W.2d 689 (1971)

STATE of Missouri, at the Relation of PHELPS COUNTY, Missouri, Relator, v. Haskell HOLMAN, State Auditor of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

January 11, 1971.

Attorney(s) appearing for the Case

Zane H. White, Phelps County Prosecuting Atty., Weldon W. Moore, Philip M. Moomaw, Rolla, for relator.

John C. Danforth, Atty. Gen., Thomas H. Stahl, Asst. Atty. Gen., Jefferson City, for respondent.

SEILER, Judge.

This is an original proceeding in mandamus brought by the state at the relation of Phelps County to compel the respondent, the state auditor, to register an issue of county bonds. Under the petition, return and reply, there is no dispute on the facts and the issue is whether the respondent is justified in refusing to register the bonds for the sole reason, as he contends, that the notice of election and the ballot used violate Missouri law in that two...

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