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MILLER v. OWSLEY

Nos. 52264, 52443.

422 S.W.2d 39 (1967)

Thomas A. MILLER, Appellant, v. Arvid OWSLEY, Lloyd Hilburn, and Travelers Insurance Company of Hartford, Connecticut, Respondents. Lee Roy REED, Appellant, v. Arvid OWSLEY, Lloyd Hilburn, and Travelers Insurance Company of Hartford, Connecticut, Respondents.

Supreme Court of Missouri, En Banc.

November 13, 1967.

Attorney(s) appearing for the Case

Philip C. Ehli, Kansas City, for appellant.

Donald G. Stubbs, Kansas City, for respondents.

FINCH, Judge.

These two cases were consolidated for briefing and argument on appeal and one opinion will cover both cases. The petitions are nearly identical and each was dismissed for failure of the petition to state a cause of action. Each plaintiff filed suit against Arvid Owsley, Sheriff of Jackson County, Lloyd Hilburn, his Chief Deputy, and Travelers Insurance Company of Hartford, Connecticut, surety on their official bonds, seeking to recover $50,000 actual...

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