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OVERFELT v. McCASKILL

No. WD 61385.

81 S.W.3d 732 (2002)

David OVERFELT, Appellant, D.C., Inc., Amicus Curiae, v. Claire McCASKILL, State Auditor, Matt Blunt, Secretary of State, Respondents, and William Danforth, William S. Berkley, and Citizens for A Healthy Missouri, Intervenor-Respondents.

Missouri Court of Appeals, Western District.

August 13, 2002.

Attorney(s) appearing for the Case

Marc H. Ellinger, Jefferson City, for appellant.

Alana M. Barragan-Scott, Jefferson City, for respondents McCaskill and Blunt.

Alex Bartlett, Jefferson City, for respondent Danforth.

Katherine S. Walsh, Chesterfield, for Amicus Curiae D.C., Inc.

David A. Linehan, Kansas City, for Amicus Curiae Washington Legal Foundation.

Before JOSEPH M. ELLIS, Chief Judge, PATRICIA BRECKENRIDGE, Judge and VICTOR C. HOWARD, Judge.

JOSEPH M. ELLIS, Chief Judge.

On March 1, 2002, the Missouri Secretary of State received eight proposed initiative petitions related to state taxes on tobacco products. One of those petitions, referred to by the parties and hereinafter by this court as the "Version 2 Initiative Petition," proposed an increase in the state cigarette excise tax of two and three-quarters cents per cigarette1 and an increase in the state tax on other tobacco...

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