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PLANT v. HAYNES

No. KCD 29380.

568 S.W.2d 585 (1978)

Robert Harry PLANT, Appellant, v. Edward E. HAYNES, Director, Division of Corrections, and Donald W. Wyrick, Warden, Missouri State Penitentiary, Respondents.

Missouri Court of Appeals, Kansas City District.

July 3, 1978.

Attorney(s) appearing for the Case

Jerry W. Venters, Asst. Public Defender, 19th Judicial Circuit, Jefferson City, for appellant.

Robert Presson, Paul Robert Otto, Asst. Attys. Gen., Jefferson City, for respondents.

Before SHANGLER, P. J., WASSERSTROM, J., and CLARK and MARTIN, Special Judges.

GENE R. MARTIN, Special Judge.

Plaintiff, a prisoner in custody in the Missouri State Penitentiary, filed two separate petitions in the Cole County Circuit Court against the Director of the Division of Corrections and the Warden. Each petition was denominated a petition for declaratory judgment and alleged it was brought "pursuant to Chapter 527 et seq. RSMo 1969, and Supreme Court Rule 87.02(d); * * * to remove uncertainty...

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