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FOSTER v. EVERT

No. 69617.

751 S.W.2d 42 (1988)

Charles FOSTER, Appellant, v. Monroe EVERT, Respondent.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing June 14, 1988.

Attorney(s) appearing for the Case

Farrell D. Hockemeier, Richmond, for appellant.

Stanley M. Thompson, Richmond, for respondent.

ROBERTSON, Judge.

This is a direct appeal from the trial court's dismissal of appellant's petition for contest of a general election. Appellant attacks the constitutionality of Section 115.579, RSMo 1986. The dispositive issue, however, is whether the circuit court obtains jurisdiction over a general election contest when the circuit clerk issues a summons with a thirty-day return date in the face of Section 115.579, RSMo 1986,1 which...

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