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MOORE v. MOREHEAD

No. WD 34472.

666 S.W.2d 460 (1984)

Larry MOORE, Carol Fleshman, and Bob Baugher, Appellants, v. Ike MOREHEAD, Terry Alexander, and David Wilson, Respondents.

Missouri Court of Appeals, Western District.

February 28, 1984.

Attorney(s) appearing for the Case

C.R. Willis, St. Louis, for appellants.

L.E. Atherton, Milan, for respondents.

Before TURNAGE, C.J., and DIXON and LOWENSTEIN, JJ.

DIXON, Judge.

This is an election contest. The trial court dismissed the petition, finding that the summons had been improperly issued. The issue on appeal is whether the disqualification of a circuit clerk to issue a summons mandated by § 51.120, RSMo 1978, should apply to an election contest.

In the general election held on November 2, 1982, contestees-respondents Ike Morehead, Terry Alexander, and David Wilson defeated contestants-appellants Larry...

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