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CAMPBELL 66 EXP., INC. v. THERMO KING OF SPRINGFIELD, INC.

No. 10288.

563 S.W.2d 776 (1978)

CAMPBELL 66 EXPRESS, INC., Plaintiff-Appellant, v. THERMO KING OF SPRINGFIELD, INC., Thermo King, Inc., and American Trailers, Inc., Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

March 10, 1978.

Attorney(s) appearing for the Case

Donald R. Duncan, Turner, Reid & Duncan, Springfield, for plaintiff-appellant.

Raymond E. Whiteaker, Woolsey, Fisher, Clark, Whiteaker & Stenger, Springfield, for defendant-respondent Thermo King of Springfield, Inc.

Frank M. Evans, III, David W. Hall, Jr., Miller, Fairman, Sanford & Carr, Springfield, for defendant-respondent Thermo King, Inc.

James W. Newberry, Schroff, Keeter, Glass & Newberry, P. C., Springfield, for defendant-respondent American Trailers, Inc.

Before STONE, P. J., and HOGAN and FLANIGAN, JJ.

HOGAN, Judge.

This is an action for a declaratory judgment. The trial court has sustained motions to dismiss for failure to state a claim upon which relief can be granted. Plaintiff appeals.

Summarized narratively, and as material here, the plaintiff's petition shows that it holds a certificate of convenience and necessity to operate as a common carrier, presumably by motor vehicle; defendant Thermo King of Springfield, Inc., is a Missouri corporation doing...

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