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SISCO v. JAMES

No. 17447.

820 S.W.2d 348 (1991)

Ray SISCO, Appellant, v. Bill JAMES and Bob Kielhofner, Clerk of the County Commission of Scott County, Respondents.

Missouri Court of Appeals, Southern District, Division One.

December 17, 1991.

Attorney(s) appearing for the Case

Jim S. Green, Sikeston, for appellant.

Daniel S. Norton, Norton and Norton, Sikeston, for respondent James.

David A. Dolan, Pros. Atty., Scott County, Benton, for respondent Kielhofner.

CROW, Judge.

Bill James was declared the winner over Ray Sisco in the April 3, 1990, election for Mayor of the City of Miner, 147 votes to 142.

Sisco1 filed a petition to contest the election.2 At the start of trial, James moved to dismiss the suit because the petition failed to state a cause of action. During the second day of trial, the trial court granted the motion. Sisco appeals.

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