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  5. 248 S.W.2d 603 (1952)
 

CLARK v. EMPIRE TRUST CO.

No. 42625.

248 S.W.2d 603 (1952)

CLARK v. EMPIRE TRUST CO. et al.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Denied May 12, 1952.

Attorney(s) appearing for the Case

Earl C. Borchers, St. Joseph, for appellant.

Arthur Abraham, Chicago, Ill., Brown, Douglas & Brown, R. L. Douglas, Watkins & Watkins and O. W. Watkins, Jr., all of St. Joseph, for respondents.

Motion for Rehearing or to Transfer to Court en Banc Denied May 12, 1952.

TIPTON, Judge.

In the circuit court of Buchanan County appellant filed this action to enforce specific performance of an alleged oral contract with Anna K. Craig, deceased. The trial court sustained respondents' motion to dismiss this action for the reason that these issues had been adjudicated in an action filed in the Superior Court of Cook County, Illinois.

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