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MOSELEY v. CITY OF MOUNTAIN GROVE

No. 9367.

524 S.W.2d 444 (1975)

Paris MOSELEY et al., Plaintiffs-Appellants, v. CITY OF MOUNTAIN GROVE, Missouri, et al., Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

June 6, 1975.

Attorney(s) appearing for the Case

Gregory C. Stockard, Jefferson City, E. C. Curtis, L. J. Knauer, Farrington, Curtis & Strong, Springfield, for plaintiffs-appellants.

James E. Miller, B. H. Clampett, Daniel, Clampett, Ellis, Rittershouse & Dalton, Springfield, for defendants-respondents.

PER CURIAM.

Plaintiffs appeal from an order of the trial court sustaining defendants' motion to dismiss plaintiffs' petition on the ground that the petition fails to state a claim upon which relief can be granted. The order is appealable. Spires v. Edgar, 513 S.W.2d 372, 373[2] (Mo. banc 1974).

Where a petition is attacked by a motion to dismiss for failure to state a claim, the...

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