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ROSENFELD v. TELCOM ENGINEERING, INC.

No. 43060.

619 S.W.2d 811 (1981)

Donald S. ROSENFELD, Plaintiff-Respondent, v. TELCOM ENGINEERING, INC., et al., Defendants, and John C. Hannegan, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 10, 1981.

Application to Transfer Denied September 8, 1981.

Attorney(s) appearing for the Case

Robert E. Keaney and Mary E. Case, Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, Richard L. Hughes, Mogab & Hughes, St. Louis, for defendant-appellant.

Paul H. Schramm and M. Harvey Pines, Schramm, Newman, Pines & Freyman, Clayton, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 10, 1981.

SNYDER, Judge.

Defendant-appellant appeals from a judgment denying his motion to dismiss plaintiff-respondent's cause of action with prejudice pursuant to Rule 67.06. The trial court denied the motion, ruling that the court lacked jurisdiction because plaintiff had previously dismissed his petition without prejudice. Alternatively, the trial court ruled that respondent's failure to...

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