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KIEFFER v. CITY OF BERKELEY

No. 35170.

508 S.W.2d 295 (1974)

Roger KIEFFER and Catherine Kieffer, his wife, Plaintiffs-Appellants, v. CITY OF BERKELEY, a municipal corporation, Defendant-Respondent.

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

April 2, 1974.

Attorney(s) appearing for the Case

Shaw & Howlett, Keith W. Hazelwood, Clayton, for plaintiffs-appellants.

Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, Donald L. James, St. Louis, for defendant-respondent.

WEIER, Judge.

Plaintiffs appeal from an order sustaining the defendant's motion to dismiss the petition. Plaintiffs' petition alleged injury due to defendant's negligent maintenance of one of its streets. The city's motion to dismiss alleged an insufficiency in the notice given it. This notice stated that on June 27, 1972 Mr. Kieffer "was injured because of a defect in the thoroughfare known as Latty Road at or near the...

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