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STATE EX REL. MANTLE v. McCUSKEY

No. 38234.

548 S.W.2d 580 (1977)

STATE ex rel. Theron MANTLE et al., Appellants, v. Joseph M. McCUSKEY et al., Respondents.

Missouri Court of Appeals, St. Louis District, Division Three.

April 12, 1977.

Attorney(s) appearing for the Case

Inglish & Calhoun, John W. Inglish, Jefferson City, for appellants.

Robert L. Hyder, Hyder & McHenry, Jefferson City, Lowell R. McCuskey, Pros. Atty. Osage County, Linn, for respondents.

GUNN, Judge.

Relators-taxpayers filed a mandamus action against Respondents, members of the Board of Education of Osage County Reorganized School District No. 2, to require Respondents to revise and lower the school district tax rate. The trial court initially executed an alternative writ of mandamus against Respondents but on motion quashed the writ on the basis that the Relators by payment of the school tax under protest had adequate remedy available to them. Relators...

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