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STATE EX. INF. BRAUN v. KELLAR

No. 64509.

871 S.W.2d 463 (1994)

STATE of Missouri, ex. inf., Timothy BRAUN, Prosecuting Attorney, St. Charles County, Respondent, v. Nicholas L. KELLAR and John Guerra, Jr., Appellants.

Missouri Court of Appeals, Eastern District, Division One.

March 8, 1994.

Attorney(s) appearing for the Case

Robert K. Sweeney, St. Louis, for appellants.

Kent W. Fanning, Matthew E.P. Thornhill, Asst. Pros. Attys., St. Charles, for respondent.

CRIST, Judge.

Nicholas L. Kellar and John Guerra, Jr., appeal the trial court's order finding the motion by the Board of Directors of the Cottleville Community Fire Protection District (CCFPD) increasing the number of Directors pursuant to § 321.120.5, RSMo Supp. 1992 (amended 1993), did not create a vacancy which the Board could fill pursuant to § 321.200.2, RSMo Supp.1992. We affirm.

On April 6, 1993, an election was held to fill one of the three...

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