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HALEY v. CITY OF LINN CREEK

No. 11155.

583 S.W.2d 590 (1979)

Edward R. HALEY, Executor of the Estate of Marie Thompson, Deceased, Plaintiff-Appellant, v. CITY OF LINN CREEK, Missouri, Vera Fairchild and Grand Glaize Airways, Inc., Defendants-Respondents.

Missouri Court of Appeals, Southern District, En Banc.

June 19, 1979.

Attorney(s) appearing for the Case

John F. Low, Low & Honssinger, Lebanon, for plaintiff-appellant.

Charles E. McElyea, Phillips, McElyea, Walker & Carpenter, Camdenton, for defendants-respondents.

TITUS, Judge.

Marie Thompson, as plaintiff, brought this action in five counts against the City of Linn Creek, Missouri, Vera Fairchild, and Grand Glaize Airways, Inc., seeking cancellation of certain leases and contracts, an accounting for rents and profits and additional relief.

After trial but prior to entry of judgment by the circuit court, Marie died. Thereafter, on May 18, 1978, the court entered judgment in the name of the deceased plaintiff, finding...

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