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REKART v. KIRKPATRICK

No. 64372.

639 S.W.2d 606 (1982)

James E. REKART, Dean DeHart, and Richard Beatty, Plaintiffs-Appellants, v. The Honorable James C. KIRKPATRICK, Secretary of State, Defendant-Respondent, and Citizens For Fair Consumer Rights, Inc., a corporation, Donald Burke, Ronald G. Mowery, Patricia Austin, and Theodore Chambers, Intervenors-Defendants-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 29, 1982.

Attorney(s) appearing for the Case

Lewis C. Green, St. Louis, for plaintiffs-appellants.

John Ashcroft, Atty. Gen., Edward D. Robertson, Jr., Deputy Atty. Gen., Jefferson City, for defendant-respondent.

Francis X. Duda, Ann E. Buckley, St. Louis, for intervenors-defendants-respondents.

HIGGINS, Judge.

Plaintiffs filed suit against the Secretary of State to challenge the constitutionality and application of section 116.110, RSMo Supp.1981, which authorizes withdrawal of signatures from an initiative petition after the deadline set by the Missouri Constitution for filing initiative petition signatures. Citizens for Fair Consumer Rights, Inc., had circulated withdrawal petitions and was allowed to intervene. The circuit court granted summary judgment...

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