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MARSHALL v. CITY OF GLADSTONE

No. 50341.

380 S.W.2d 312 (1964)

Harold F. MARSHALL and Eva Marshall, Appellants, v. CITY OF GLADSTONE, Missouri, and Everett H. Smith, Paul Degenhardt, Joseph Simms, Roy L. Van Riper and Elmer Rosenbaugh, Members of the Counsel of the City of Gladstone, Missouri, Respondents.

Supreme Court of Missouri, Division No. 2.

July 13, 1964.

Attorney(s) appearing for the Case

Virgil Conkling, Milton S. Broome, Conkling & Broome, Kansas City, for appellants.

Thomas F. Eagleton, Atty. Gen., J. Gordon Siddens, Asst. Atty. Gen., Jefferson City, William W. Shinn, Mari W. Privette, Kansas City, for respondents, Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, of counsel.

STOCKARD, Commissioner.

This is an appeal by plaintiffs from the judgment of the trial court dismissing their petition for failure to state a claim upon which relief can be granted. If this court has jurisdiction of this appeal it is only because the petition properly and sufficiently alleges facts which present an issue involving the construction of the Constitution of the United States or this state within the meaning of Section 3, of Article V, Constitution of...

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