J. M. MORRIS CONST. CO. v. MID-WEST PRECOTE CO.

No. WD 31232.

613 S.W.2d 180 (1981)

J. M. MORRIS CONSTRUCTION CO., Appellant, v. MID-WEST PRECOTE CO., American Paving & Construction Co., Tri-City Construction Co., Bowen Construction Company, and Suburban Asphalt, Inc., Respondents.

Missouri Court of Appeals, Western District.

March 2, 1981.


Attorney(s) appearing for the Case

Meise, Cope & Coen, Clyde G. Meise, H. William McIntosh, Kansas City, for appellant J. M. Morris Const. Co.

Linde, Thomson, Fairchild, Langworthy & Kohn, Harold L. Fridkin, Arthur B. Federman, Kansas City, for respondents Midwest Precote Co., American Paving and Const. Co., and Tri-City Const. Co.

Polsinelli, White & Schulte, David A. Welte, Kansas City, for respondent Bowen Const. Co.

Abraham E. Margolin, F. Philip Kirwan, Terry L. Tyrrell, Kansas City, for defendant-respondent, Suburban Asphalt, Inc.

Before MANFORD, P. J., and DIXON and NUGENT, JJ.


NUGENT, Judge.

This is an appeal on behalf of plaintiff, J. M. Morris Construction Co., a defunct Missouri corporation. Plaintiff's petition for treble damages under the Missouri antitrust statutes (Chapter 416, RSMo 1978) was dismissed by the Circuit Court for failure to state a cause of action. We affirm the dismissal.

Suit was filed in the name of the former corporation on February 13, 1979. The petition alleged that plaintiff was a corporation organized...

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