GERRARD v. BOARD OF ELECTION COM'RS

No. 67849.

913 S.W.2d 88 (1995)

Alan GERRARD, et al., Plaintiffs/Appellants, v. BOARD OF ELECTION COMMISSIONERS, and The City of Creve Coeur, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

December 19, 1995.


Attorney(s) appearing for the Case

Michael J. Smith, St. Louis, for appellants.

Kevin M. O'Keefe, St. Louis, for Board of Election Com'rs.

Behr, Mantovani, McCarter & Potter, P.C., W. Dudley McCarter, Clayton, for City of Creve Coeur.


PUDLOWSKI, Judge.

This is an appeal from the dismissal of an election contest and an award of attorney's fees to respondent, City of Creve Coeur. We affirm in part and reverse in part.

In considering a motion to dismiss for failure to state a claim upon which relief can be granted, the appellate court gives the petition its broadest intendment in treating all alleged facts as true; the court construes all allegations favorably to plaintiff in determining whether...

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