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DePOORTERE v. COMMERCIAL CREDIT CORPORATION

No. 9391.

500 S.W.2d 724 (1973)

Jerry E. DePOORTERE and Leslie F. DePoortere et al., Plaintiffs-Appellants, v. COMMERCIAL CREDIT CORPORATION et al., Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

October 15, 1973.

Attorney(s) appearing for the Case

Scott B. Tinsley, J. Douglas Cassity, Miller, Fairman, Sanford, Carr & Lowther, Springfield, for plaintiffs-appellants.

James B. Lowe, Frank Brockus, Kuraner, Dingman, Brockus, Kinton & Lowe, Kansas City, for defendant-respondent Comm. Credit Corp.

William H. Curtis, Karl F. Schmidt, John W. Cowden, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Glenn A. Burkart, Mann, Walter, Burkart & Weathers, Springfield, for defendant-respondent Universal C.I.T. Corp.

Flavius B. Freeman, Joseph A. Bohrer, Neale, Newman, Bradshaw & Freeman, Springfield, for defendant-respondent Citizens Bank of Springfield.

TITUS, Chief Judge.

The Circuit Court of Greene County sustained defendants' separate motions to dismiss plaintiffs' class-action petition for its failure to state a claim upon which relief could be granted. Rule 55.33, V.A.M.R. More particularly, the court nisi opined that plaintiffs, and those they purported to represent, were not entitled to recover under the Missouri Motor Vehicle Time Sales Law (Ch. 365 RSMo 1969) because it "is inapplicable to new mobile homes...

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