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COLLINS v. VERNON

No. KCD 26056.

512 S.W.2d 470 (1974)

David COLLINS, Administrator, Estate of Thomas J. Collins, Deceased, and Mrs. E. T. Collins, Appellants, v. Wallace VERNON et al., Respondents.

Missouri Court of Appeals, Kansas City District.

July 1, 1974.

Attorney(s) appearing for the Case

Hendren & Andrae, Alex Bartlett, Jefferson City, for appellants.

Norman J. Williams, Eldon, Edwards, Seigfreid, Runge & Hodge, Inc., Jerome W. Seigfreid, Mexico, for respondents.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD, WASSERSTROM and SOMERVILLE, JJ.

SWOFFORD, Judge.

This is an appeal from a judgment wherein the court below sustained defendants' motion to dismiss plaintiffs' Second Amended Petition for failure to state a cause of action. Plaintiffs did not plead further and therefore the pertinent record before us on appeal consists solely of the Second Amended Petition and the defendants' Separate Motion to Dismiss.1

The following facts appear from the record:

The...

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