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LaBORE v. CLARK OIL AND REFINING CORPORATION

No. KCD 26977.

524 S.W.2d 183 (1975)

Wilbur LaBORE, Respondent, v. CLARK OIL AND REFINING CORPORATION, Appellant.

Missouri Court of Appeals, Kansas City District.

June 2, 1975.

Attorney(s) appearing for the Case

Kelly Pool, Jefferson City, for appellant; Hendren & Andrae, Jefferson City, of counsel.

Michael P. Riley, Jefferson City, for respondent; Carson, Inglish, Monaco & Coil, Jefferson City, of counsel.

Before SOMERVILLE, P. J., PRITCARD, C. J., and TURNAGE, J.

PRITCHARD, Chief Judge.

This is an action for damages for an alleged wrongful termination of a service station lease. A jury returned a verdict for plaintiff in the amount of $10,000, which was $1,850 more than his prayer. Plaintiff entered a voluntary remittitur for $1,850, and on September 21, 1973, a notice of appeal was filed which recited that the appeal was taken from the judgment of September 17, 1973. After arguments and submission of the case to the court...

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