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KELDER v. DALE

Nos. 22673, 22748.

313 S.W.2d 59 (1958)

C. C. KELDER and Sherman C. Hall, Respondents, v. Mayor Stanley I. DALE, Harry Kurtz, Robeu Graff and William A. Lorenz, Members of the Board of Public Works of the City of St. Joseph, Missouri, Lee B. Irwin, Comptroller of the City of St. Joseph, Missouri, Charles Beadnall, Doing Business as Beadnall Electric Company, Appellant.

Kansas City Court of Appeals.

May 5, 1958.

Attorney(s) appearing for the Case

Whitney W. Potter, St. Joseph, for appellants, Mayor Stanley I. Dale, Harry Kurtz, Robert Graff and William A. Lorenz, Members of Board of Public Works of City of St. Joseph, Missouri, Lee B. Irwin, Comptroller of City of St. Joseph, Missouri.

John Newhart, Savannah, for appellant, Charles Beadnall, d/b/a Beadnall Electric Co.

Miner & Martin, Hugh A. Miner, St. Joseph, for respondents.

MAUGHMER, Commissioner.

Plaintiffs (respondents) sought and secured a temporary injunction against the defendants (appellants). Thirteen days later the injunction was dissolved and the cause dismissed, all parties agreeing that the issue had become moot. Defendants thereafter moved for allowance of their attorney fees as damages. These motions were denied and defendants have duly appealed.

The defendants herein may properly be divided into two groups. These...

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