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STATE v. BOARD OF ELECTION COM'RS

No. WD36153.

686 S.W.2d 888 (1985)

STATE of Missouri, ex rel. James C. KIRKPATRICK, Plaintiff-Respondent, v. The BOARD OF ELECTION COMMISSIONERS OF ST. LOUIS COUNTY, Missouri, Defendant-Appellant, and John Fox Arnold and Al Bauer, Defendants-Intervenors-Appellants.

Missouri Court of Appeals, Western District.

February 26, 1985.

Attorney(s) appearing for the Case

Curtis, Bamburg & Crossen by Kenneth M. Romines, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Jefferson City, Bruce Farmer, Asst. Atty. Gen., for plaintiff-respondent.

Before PRITCHARD, J., P., and SHANGLER and DIXON, JJ.

DIXON, Judge.

Secretary of State Kirkpatrick as plaintiff filed a suit in declaratory judgment and for injunction. The individual defendants intervened and all parties filed motions for summary judgment. The court sustained the Secretary's motion, and the Board and Intervenors appeal.

The issue is whether the Secretary may require by regulation, and in turn the court by its decree, that a ballot label and ballot...

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