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STATE EX REL. PISAREK v. DALTON

No. 38093.

549 S.W.2d 904 (1977)

STATE of Missouri ex rel. Leo L. PISAREK and June L. Pisarek, Relators, v. The Honorable Donald E. DALTON, Judge, Circuit Court of the 11th Judicial Circuit, for the State of Missouri, St. Charles, Missouri, Respondent.

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

April 5, 1977.

Attorney(s) appearing for the Case

Ernest L. Keathley, Jr., St. Louis, for relators.

Reginal P. Bodeux, Paul F. Niedner, Niedner, Moerschel, Ahlheim & Bodeux, St. Charles, for respondent.

ALDEN A. STOCKARD, Special Judge.

This is an original proceeding in mandamus brought by Leo L. and June L. Pisarek, husband and wife, to compel the respondent judge to vacate his order dismissing Counts IX, X and XI of their petition wherein they sought damages for breach of a contract. We issued our alternative writ, but we now conclude it was improvidently granted.

In Count I of their petition plaintiffs alleged that they entered into a contract with the...

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