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  5. 907 S.W.2d 181 (1995)
 

STATE EX REL. BIRK v. CITY OF JACKSON

No. 66846.

907 S.W.2d 181 (1995)

STATE of Missouri, ex rel., Glen BIRK, Robert Felker, Cape County Concerned Citizens, Inc., Appellants, v. CITY OF JACKSON, Missouri, Mary Lowry, City Clerk, City of Jackson, Paul Sander, Mayor, City of Jackson, and Members of the Board of Aldermen, City of Jackson: David Hitt, David Ludwig, Glenn Oldham, Jack Piepenbrok, Dave Rieminger, Kevin Sawyer, Lee Roy Brown, and Valeria Tuschhoff, Respondents.

Missouri Court of Appeals, Eastern District.

Motion for Rehearing and/or Transfer Denied August 23, 1995.

Application to Transfer Denied October 24, 1995.

Attorney(s) appearing for the Case

Douglas Taft Sloan, Limbaugh, Russell, Payne & Howard, Cape Girardeau, for appellants.

D. Keith Henson, Paule, Camazine & Blumenthal, St. Louis, David G. Beeson, Buerkle, Beeson & Ludwig, Jackson, for respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 23, 1995.

AHRENS, Judge.

In this court-tried case, plaintiffs, Glen Birk, Robert Felker, and Cape County Concerned Citizens, Inc.,1 appeal the judgment of the trial court in favor of defendants on plaintiffs' petition for mandamus, declaratory judgment and damages. We affirm.

The City of Jackson is a fourth class city located in Cape Girardeau county. In...

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