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STATE EX REL. McCLELLAN v. KIRKPATRICK

No. 58438.

504 S.W.2d 83 (1974)

STATE of Missouri ex rel. James S. McCLELLAN et al., Relators, v. James C. KIRKPATRICK as Secretary of State of the State of Missouri, Respondent, Paul Berra and others, Constituting the Democratic Central Committee for the City of St. Louis, Intervenors-Respondents.

Supreme Court of Missouri, En Banc.

January 14, 1974.

Attorney(s) appearing for the Case

Jack L. Koehr, City Counselor, City of St. Louis, David S. Hemenway, St. Louis, for relators.

John C. Danforth, Atty. Gen., John C. Klaffenbach, C. B. Burns, Jr., Attys. Gen., Jefferson City, for respondent James C. Kirkpatrick, Secretary of State of Missouri.

Hearnes, Padberg Raack, McSweeney & Slater, St. Louis, for intervenor-respondents, by Godfrey P. Padberg, St. Louis.

BARDGETT, Judge.

This is an original mandamus action filed in this court by relators, the Board of Election Commissioners of the City of St. Louis, against respondent, Secretary of State of the State of Missouri, in which relators seek an order of this court directing respondent Secretary of State to certify the results of the balloting by voters using voting machines in the City of St. Louis at the next statewide primary election. Respondent has declared that he...

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