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STATE EX REL. v. JONES

No. 73848.

823 S.W.2d 471 (1992)

STATE of Missouri ex rel. TWENTY-SECOND JUDICIAL CIRCUIT and the Honorable Jack L. Koehr, Relators, v. Virvus JONES, Thomas A. Villa and Vincent C. Schoemehl, Jr., Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing February 25, 1992.

Attorney(s) appearing for the Case

G. Keith Phoenix, Elkin L. Kistner, Tyrone A. Taborn, St. Louis, for relators.

James J. Wilson, City Counselor, Julian L. Bush, Associate City Counselor, Brian S. Witherspoon, Asst. City Counselor, St. Louis, for respondents.

David Collins, Macon, for amicus curiae Presiding Judges.

Alan C. Kohn, St. Louis, for amicus curiae Metropolitan Assoc. of St. Louis.

HOLSTEIN, Judge.

This mandamus proceeding was transferred here following opinion by the Missouri Court of Appeals, Eastern District. At issue is whether the Board of Estimates and Appropriations for the City of St. Louis (the Board of E and A) has discretion to delete or modify certain items included in the circuit court's budget estimates without first obtaining relief from the Judicial Finance Commission. We conclude that the Board does not have such discretion...

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