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STATE EX REL. MID-MISSOURI LIMESTONE v. CTY. OF CALLAWAY

No. WD 54154.

962 S.W.2d 438 (1998)

STATE ex rel. MID-MISSOURI LIMESTONE, INC. and Mertens Construction Co., Inc., Appellants/Plaintiffs v. COUNTY OF CALLAWAY, Callaway County Commission, Rodney Garnett, Paul Renoe Maurice Russell, Lee Fritz, Robert Ranken, and Eva Fine, Respondents/Defendants.

Missouri Court of Appeals, Western District.

February 24, 1998.

Attorney(s) appearing for the Case

Paul W. Johnson, Edwardsville, for appellants.

Robert R. Sterner, Pros. Atty., Fulton, for respondents.

Before ELLIS, P.J., and ULRICH, C.J., and RIEDERER, J.

RIEDERER, Judge.

Mid-Missouri Limestone, Inc., and Mertens Construction Co., Inc., appeal the dismissal of their petition for a preliminary writ of mandamus.

On April 2, 1996, Appellants filed a two-count petition. In Count I, Appellants sought a preliminary writ of mandamus, alleging that the Respondents had failed to follow the provisions of § 50.7601 in the procurement of rock...

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