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FARLEY v. MISSOURI DEPT. OF NAT. RESOURCES

No. KCD30536.

592 S.W.2d 539 (1979)

Anna Lee FARLEY, Appellant, v. MISSOURI DEPARTMENT OF NATURAL RESOURCES, Division of Parks and Recreation, and The Missouri State Park Board, Respondents.

Missouri Court of Appeals, Western District.

December 31, 1979.

Attorney(s) appearing for the Case

Emory Melton, Cassville, Thomas J. Downey, Jefferson City, for appellant.

John Ashcroft, Atty. Gen., Gerald M. Sill, Asst. Atty. Gen., Jefferson City, for respondents.

Before WASSERSTROM, C. J., WELBORN and MURPHY, Special Judges.

J. DONALD MURPHY, Special Judge.

The determinative issue on this appeal is whether plaintiff's claim for damages was merged on principles of res judicata in a prior declaratory judgment proceeding between the same parties. The issue appears to be one of first impression in Missouri.

We conclude that plaintiff's claim is not precluded and that the trial court erred in dismissing plaintiff's petition.

In 1961, plaintiff's husband leased a tract of land...

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