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STATE EX REL. CITY OF JACKSON v. GRIMM

No. 38044.

555 S.W.2d 643 (1977)

STATE ex rel. CITY OF JACKSON, a Municipal Corporation, Relator, v. Honorable Stanley A. GRIMM, Judge of the Common Pleas Court of Cape Girardeau, Missouri, Respondent.

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

Motion for Rehearing and/or Transfer Denied September 12, 1977.

Attorney(s) appearing for the Case

Waldron & Lichtenegger, Kenneth L. Waldron, John P. Lichtenegger, Jackson, for relator.

Thomas M. Utterback, City Atty., Cape Girardeau, for respondent.

RENDLEN, Judge.

By mandamus, relator City of Jackson would require respondent, Judge of the Circuit Court of Cape Girardeau County, to permit relator's intervention in a declaratory judgment suit filed by the City of Cape Girardeau under the Sawyer Act1 against Jesse C. Rutherford, et al., inhabitants of a tract of land the City of Cape Girardeau seeks to annex. In response to our alternative writ, respondent filed return contesting relator...

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