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OLDFIELD v. GIBLIN

No. WD30992.

595 S.W.2d 447 (1980)

Jack E. OLDFIELD, Plaintiff-Appellant, v. Thomas A. GIBLIN, Defendant-Respondent.

Missouri Court of Appeals, Western District.

February 21, 1980.

Attorney(s) appearing for the Case

Jim R. Petrie, Kelley Law Offices, Kansas City, for plaintiff-appellant.

William A. Lynch, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, for defendant-respondent.

Before the Full Court.

WASSERSTROM, Chief Judge.

Appellant filed this suit in the Circuit Court to recover for the wrongful death of his adult son who died unmarried and without children. Respondent moved for summary judgment on the grounds that appellant had no capacity to sue and that suit could only be by duly appointed personal representative of the deceased son. The trial court denied that motion on condition that appellant within thirty days open an estate for the deceased son and...

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