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KERSH v. STATE

No. 9222.

487 S.W.2d 872 (1972)

Sibyl KERSH, and Diana Kersh, a Minor, by and Through Her Next Friend, Sibyl Kersh, Plaintiffs-Appellants, v. STATE of Missouri d/b/a Conservation Commission of the State of Missouri, and Conservation Commission of the State of Missouri, Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

Rehearing Denied December 5, 1972.

Attorney(s) appearing for the Case

Kenneth W. Johnson, Bussell, Hough, Greene & Bernhardt, Springfield, for plaintiffs-appellants.

John C. Danforth, Atty. Gen., Walter W. Nowotny, Jr., Asst. Atty. Gen., Jefferson City, for defendants-respondents.

HOGAN, Judge.

Plaintiffs Kersh brought this action against the State eo nomine and the Conservation Commission, seeking to recover for the wrongful death of James T. Kersh, allegedly killed when his airplane struck a radio tower owned and operated by the Conservation Commission. The trial court has dismissed both actions upon the defendants' claims of sovereign immunity. Plaintiffs have appealed, earnestly urging that we should review the doctrine of sovereign immunity...

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