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COLLEY v. COMMERCIAL CREDIT EQUIPMENT CORP.

No. KCD 27658.

565 S.W.2d 713 (1978)

Virgil F. COLLEY and Imogene W. Colley, Plaintiffs-Appellants, v. COMMERCIAL CREDIT EQUIPMENT CORPORATION, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 1, 1978.

Application to Transfer Denied June 15, 1978.

Attorney(s) appearing for the Case

Howard D. Lay, Donaldson & Lay, Kansas City, for plaintiffs-appellants.

James W. Benjamin, John C. Cozad, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for defendant-respondent.

Before WELBORN, Special Judge, Presiding, SHANGLER, J., and HIGGINS, Special Judge.

ANDREW JACKSON HIGGINS, Special Judge.

Action by Virgil F. Colley, Count I, and by Imogene W. Colley, Count II, for actual and punitive damages for wrongful execution on judgment subsequently declared void. Appeal from summary judgment of dismissal. The question is whether this action for damages has been extinguished by restitution in the course of other litigation between the parties. Affirmed.

On October 7, 1963, and on May 8, 1964, Virgil F. and Imogene...

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