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JOSEPH v. HOWELL

No. WD 31284.

607 S.W.2d 799 (1980)

Jerry JOSEPH, Appellant, v. William L. HOWELL, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 3, 1980.

Attorney(s) appearing for the Case

L. R. Magee, Kansas City, for appellant.

Jackson & Sherman, P. C., J. Michael Cronan, Lindsay K. McFerrin, Kansas City, for respondent.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 3, 1980.

SHANGLER, Judge.

The plaintiff appeals from a summary judgment. The judgment was entered on the affirmative plea by the defendant of res judicata. The plaintiff contends that the entry of summary judgment without a prior hearing was error.

The summary judgment was entered on a petition for damages in two counts. Count I was for personal injury. Count II was for property...

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