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YATES v. DURK

No. 25499.

464 S.W.2d 43 (1971)

Valiant M. YATES, Phil M. Smith, III, and Bernice C. McClellan, Plaintiffs-Appellants, v. John DURK, Elmo Young, Wilbur Foster, Jr., William Stewart, Norman Roberts and Robert Schulze, Defendants-Respondents.

Kansas City Court of Appeals, Missouri.

February 1, 1971.

Attorney(s) appearing for the Case

William W. Van Matre, Van Matre & Van Matre, Mexico, for plaintiffs-appellants.

Warren D. Welliver, B. Daniel Simon, Welliver, Beckett & Simon, Columbia, for defendants-respondents.

DIXON, Commissioner.

We are reviewing the action of the trial court in sustaining a motion to dismiss plaintiffs' petition. We affirm the trial court.

Summarized, plaintiffs' petition alleges that: plaintiffs are patrons of Reorganized School District R-1 of Callaway County, and defendants constitute the Board of such District; that plaintiffs were signers of a petition for change of boundary filed July 11, 1964; that the petition for boundary change was legally...

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