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STATE EX REL. JOHNSON v. KELLEY

No. KCD 30325.

570 S.W.2d 791 (1978)

STATE of Missouri ex rel. Louise JOHNSON, Relator, v. John KELLEY, Robert Wallerstedt, Samuel Epstein & Rev. William Dancy, constituting Board of Election Commissioners of Kansas City, Missouri and Phillip Scaglia and James C. Kirkpatrick, Secretary of State for the State of Missouri, Respondents.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied August 28, 1978.

Attorney(s) appearing for the Case

Holliday & Bryant, P.C., Mark S. Bryant, Kansas City, for relator.

William K. Poindexter, Cleo H. Muller, Kansas City, for respondent Scaglia.

Before SOMERVILLE, P. J., SWOFFORD, C. J., and WASSERSTROM, J.

PER CURIAM.

Relator Johnson petitioned the Circuit Court for a writ to prohibit respondents Board of Election Commissioners and the Secretary of State from placing the name Phillip P. Scaglia upon the ballot of the primary election as candidate for nomination to the Missouri General Assembly from the 30th Legislative District. After hearing evidence, the trial court denied the writ. Relator appeals.

Relator challenges Scaglia's qualifications as a candidate...

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