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MORGAN v. CITY OF FLORISSANT

No. 98-1291EM.

147 F.3d 772 (1998)

Lee MORGAN; Norman Adkins; James Bersen; Richard Sisak; Carl Knott; Thomas Hansen; Gary Foley; Charles Beel; Ellis Sandow; Herbert Bastian; Vicki Anderson; Rick Shirley; Benjamin Bull; Petra Beel, and others similarly affected as a class, Appellants, v. CITY OF FLORISSANT, a municipal corporation under the laws of the State of Missouri; James Eagan, individually and as Mayor of the City of Florissant, Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1998.

Attorney(s) appearing for the Case

John M. Hessel, St. Louis, MO, argued (Christopher C. Swenson, St. Louis, MO, on the brief), for Appellees.

Before RICHARD S. ARNOLD and MORRIS SHEPPARD ARNOLD, Circuit Judges, and PANNER, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

"Area West," an unincorporated area of St. Louis County, Missouri, was annexed into the City of Florissant, Missouri, following an election. Area West residents and voters who opposed the annexation brought suit against the City of Florissant and its Mayor, seeking a declaration that Mo. Ann. Stat. § 72.407.1(2) (West 1998), a state law providing for annexation elections, is unconstitutional. The District Court dismissed the...

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