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BARTON v. CITY OF ELLISVILLE

No. 35142.

504 S.W.2d 202 (1973)

Roger Lee BARTON, Plaintiff-Appellant, v. The CITY OF ELLISVILLE, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

December 27, 1973.

Attorney(s) appearing for the Case

Robert E. Morley, O'Fallon, Gerald L. Birnbaum, for plaintiff-appellant.

Murphy, Kortenhof & Ely, Joel D. Monson, St. Louis, for defendant-respondent.

SMITH, Presiding Judge.

Plaintiff appeals from an order of the Circuit Court of St. Louis County sustaining respondent's motion to dismiss Count II of his petition, thereby dismissing the defendant City of Ellisville from the action.

Plaintiff filed a petition in two counts. Count I sought damages from defendant Gavel for wilfully, wantonly and maliciously battering, striking and hitting plaintiff; Count II sought damages against the defendant City of Ellisville...

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