STATE AT INFORMATION OF FLEMING v. ZIMMERSCHIED

No. 59575.

559 S.W.2d 178 (1977)

STATE of Missouri, at the information of Gary W. FLEMING, Prosecuting Attorney, at the relation of Wilbur Alexander, Walter Fricke and Ralph Houchen, Plaintiffs-Appellants, v. Larry ZIMMERSCHIED, Marvin M. C. Keage, Lester Harms, C. A. Stapels, Max Thomas, and H. T. "Bud" Borchers, all members of the Board of Directors of the Sweet Springs Ambulance District, and Robert S. Leftwich, County Collector of Pettis County, Missouri and Russell Whitlock, County Collector of Saline County, Missouri, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

December 19, 1977.


Attorney(s) appearing for the Case

M. Craig Cassing, Sedalia, for relators.

R. L. Alexander, Marshall, for respondents.


SEILER, Judge.

This case involves an attack by quo warranto on the validity of the existence of an ambulance district sought to be organized under provisions of §§ 190.005-085, RSMo Supp, 1975. We have jurisdiction because title to an office under the state is involved, Mo.Const., Art. V, § 3. The trial court entered judgment in favor of respondents.

The attack centers upon the failure to hold a hearing on the date originally set and in failing...

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