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  5. 551 S.W.2d 272 (1977)
 

STATE EX REL. MATHER v. CARNES

Nos. KCD 27839, KCD 27860.

551 S.W.2d 272 (1977)

STATE of Missouri ex rel. Richard MATHER, Plaintiff-Appellant, v. William Kenneth CARNES and Maryland Casualty Company, Defendants-Respondents, and Grain Valley Airport Corporation, Defendant-Respondent, and J. Woody and Woody's Flying Service, Defendants-Respondents, and Rufus Thrall, Third-Party Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

May 2, 1977.

Attorney(s) appearing for the Case

H. George Lafferty, Jr., Kansas City, Lafferty, Horowitz & Shurin, Kansas City, of counsel, for plaintiff-appellant and respondent Mather.

Joe M. Williams, Associate County Counselor, Kansas City, for defendants and respondents William Kenneth Carnes and Maryland Cas. Co.

J. Worthen DeYoung, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, for respondents J. Woody and Woody's Flying Service.

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

SHANGLER, Presiding Judge.

This appeal comes from a jury verdict for plaintiff Mather on his claim for damages against defendant William K. Carnes, Sheriff of Jackson County, and surety Maryland Casualty Company, for failure to attach an aircraft under process ancillary to commencement of an action against one Thrall for the partition of a Beechcraft airplane.

The underlying partition suit was between Mather and...

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