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CITY OF SPENCER v. RAYBURN

No. 44474.

483 P.2d 735 (1971)

CITY OF SPENCER, Oklahoma, a municipal corporation, Plaintiff, v. Elgin RAYBURN, Mayor of the City of Spencer, Oklahoma, Defendant.

Supreme Court of Oklahoma.

March 30, 1971.

Attorney(s) appearing for the Case

Hirsh, Johanning & Hudson, Oklahoma City, for plaintiff.

Smith, Smith & Cook, Oklahoma City, for defendant.

John V. Whelan, Yukon, for amicus curiae City of Mustang, Okla.

DAVISON, Vice Chief Justice.

This is an original action in this court in which the City of Spencer, Oklahoma, seeks a writ of mandamus commanding Elgin Rayburn, Mayor of the City of Spencer, to issue an election proclamation for the holding of an election on the question of the issuance of bonds of the City authorized by Art. 10, § 27, of the Oklahoma Constitution.

The facts are that the City Council of the City...

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