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STATE EX REL. CRAWFORD CTY. R-II SCH. DIST. v. BOUSE

No. 10598.

550 S.W.2d 909 (1977)

STATE of Missouri ex rel. CRAWFORD COUNTY R-II SCHOOL DISTRICT, Plaintiff-Appellant, and Consolidated District Number 2 of Franklin County, Intervenor-Appellant, v. William H. BOUSE, Defendant-Respondent. Roy EARLS, Charles Sutter, R. E. Kehr, Robert F. Bass, Arthur Howald, Joseph W. Cushing, Thomas S. Halbert, Everett L. Breuer, John J. Bouse, and Jerry A. Bouse, Defendants, and William H. Bouse, Third-Party Plaintiff, v. ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a corporation, Third-Party Defendant.

Missouri Court of Appeals, Springfield District.

May 2, 1977.

Attorney(s) appearing for the Case

Walter D. McQuie, Jr., McQuie & Deiter, Montgomery City, for plaintiff and intervenor-appellants.

Morton K. Lange, Cuba, for defendant-respondent and third-party plaintiff.

J. Kent Howald, Beckham, Hale & Howald, Steelville, for defendants.

David Donnelly, Donnelly, Baldwin & Wilhite, Lebanon, for third-party defendant.

PER CURIAM:

Plaintiff school district sued 11 defendants (the county collector of revenue and his sureties) to recover its proportionate share of $4,106.70 in protested taxes paid by the St. Louis-San Francisco Railway Company (Frisco). The petition alleged that Frisco had neglected to commence an action in the circuit court against the collector to recover the protested taxes within the time required by § 139.031, V.A.M.S.

Averring he had previously...

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