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MISSOURI MILITARY ACADEMY v. McCOLLUM

No. 30564.

344 S.W.2d 636 (1961)

MISSOURI MILITARY ACADEMY, (Plaintiff) Appellant, v. E. H. McCOLLUM, (Defendant) Respondent.

St. Louis Court of Appeals, Missouri.

March 21, 1961.

Attorney(s) appearing for the Case

Fry, Edwards & Wright, Mexico, Meyer, Wood & Raack, William J. Raack, Clayton, for appellant.

Louis S. Czech, Clayton, for respondent.

DOERNER, Commissioner.

This is an appeal by plaintiff from an order sustaining defendant's motion to dismiss plaintiff's amended petition on the ground that it failed to state a claim upon which relief could be granted. Since no contrary intent was indicated, the dismissal of the petition was a dismissal of plaintiff's action, and therefore a final, appealable judgment. Frank v. Sinclair Refining Co., 363 Mo. 1054, 256 S.W.2d 793

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