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STATE EX REL. NIESS v. JUNKINS

No. 10077.

563 S.W.2d 173 (1978)

STATE of Missouri ex rel. Nancy NIESS, Bill Biggs, Ross Lauck and J. J. Rupar, Individually and as Representatives of the Joplin Community Teachers Association, an unincorporated association, Relators-Respondents, v. Dr. J. Merrell JUNKINS, Loyd Combs, Colleen Crabb, W. Rand Gilmore, Jr., Dr. Bob F. Steere and Cozetta Thompson, as Officers and Members of the Board of the Joplin R-VIII School Board of the Joplin R-VIII School District, Respondents-Appellants.

Missouri Court of Appeals, Springfield District.

March 1, 1978.

Attorney(s) appearing for the Case

Jon Dermott, Joplin, for respondents-appellants.

Thomas D. Carver, Joplin, David T. Greis, Kansas City, for relators-respondents.

Before STONE, P. J., and HOGAN and FLANIGAN, JJ.

HOGAN, Judge.

This is a proceeding in mandamus. Relators, suing as an unincorporated association pursuant to Rule 52.10, V.A.M.R.,1 sought construction and enforcement of § 163.031(9), which, during the time here involved, regulated the disbursement of school foundation funds2 and read:

"[A] school district shall spend for teachers' salaries each year at least eighty percent of the state school...

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