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RUSSELL v. CITY OF RAYTOWN

Nos. KCD 27921, 27922.

544 S.W.2d 48 (1976)

John C. RUSSELL, Plaintiff-Respondent, v. CITY OF RAYTOWN, Defendant-Appellant. John C. RUSSELL, Plaintiff-Appellant, v. CITY OF RAYTOWN, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied November 29, 1976.

Application to Transfer Denied January 10, 1977.

Attorney(s) appearing for the Case

Richard T. Cole, Raytown, for appellant City of Raytown.

Robert K. Ball, II, Kansas City, Jackson & Sherman, Kansas City (of counsel), for Russell.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

John C. Russell was appointed city attorney of the City of Raytown, a fourth class city, in May, 1968, and served until he was removed in April, 1971. Sections 79.230 and 79.240, RSMo 1969. Following his dismissal, Russell filed suit against the City in which he contended his removal was ineffective because he had been appointed by ordinance but had been removed by resolution of the Board of Aldermen and because he was not accorded notice...

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