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OTTO v. KANSAS CITY STAR COMPANY

No. 49478.

368 S.W.2d 494 (1963)

Ingolf H. E. OTTO, Appellant, v. The KANSAS CITY STAR COMPANY, a Corporation, Respondent.

Supreme Court of Missouri, Division No. 1.

June 4, 1963.

Attorney(s) appearing for the Case

Elwyn L. Cady, Jr., Kansas City, for appellant.

Douglas Stripp, Clayton R. Smalley, Kansas City, for respondent, Watson, Ess, Marshall & Enggas, Kansas City, of counsel.

HOUSER, Commissioner.

The circuit court dismissed plaintiff's petition for libel against The Kansas City Star Company on the ground that it failed to state a claim upon which relief may be granted. Plaintiff has appealed.

Plaintiff's notice of appeal was filed two days before the expiration of the ninety day period provided for in Sup.Ct. Rule 82.05, V.A.M.R. Defendant has filed a motion to dismiss the appeal on the ground that it is premature, citing Tucker...

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