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SMITH v. ARTHUR C. BAUE FUNERAL HOME

No. 49788.

370 S.W.2d 249 (1963)

John Clay SMITH, (Plaintiff) Respondent, v. ARTHUR C. BAUE FUNERAL HOME, a Corporation, and Arthur C. Baue and David Baue, an unincorporated copartnership, (Defendants) Appellants.

Supreme Court of Missouri, Division No. 1.

September 9, 1963.

Attorney(s) appearing for the Case

Robert V. Niedner, Niedner, Niedner & Moerschel, St. Charles, John R. Stockham, Stockham & Breckenridge, St. Louis, for appellants.

J. F. Souders, Gruenberg, Schobel & Souders, St. Louis, for respondent.

Henry Andrae, Jefferson City, Hendren & Andrae, Jefferson City, of counsel, for amicus curiae National Selected Morticians.

Edward D. Summers, Jefferson City, for amicus curiae Missouri Funeral Directors' and Embalmers' Ass'n., Inc.

HOLMAN, Judge.

Plaintiff, a discharged employee of the Arthur C. Baue Funeral Home, in this action sought to enjoin his former employers from refusing to reinstate him, and to require the payment of lost wages as well as actual and punitive damages. At a hearing held on May 4, 1962, before Judge James D. Clemens, plaintiff was denied a temporary injunction. Thereafter, Judge Clemens disqualified himself and Judge James...

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