SUMPTER v. CITY OF MOBERLY

No. 64014.

645 S.W.2d 359 (1982)

Larry SUMPTER, Terry Riles, Mike Congdon, John Stufflebean, Eugene Sims, Earl Lawson, Douglas Henry, Andrew Morrison, Robert Akers, Robert Dutton, Ronald Combs and Raymond Hill, Plaintiffs-Appellants, v. CITY OF MOBERLY, Missouri, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

On Rehearing February 23, 1983.

Rehearing Denied February 23, 1983.


Attorney(s) appearing for the Case

N.E. Brown, Elizabeth A. Keller, Huntsville, for plaintiffs-appellants.

Michael E. Kaemmerer, St. Louis, Marion E. Lamb, Moberly, for defendant-respondent.

John H. Goffstein, Clayton, Rhonda C. Thomas, Columbia, Darold E. Crotzer, Jr., Clayton, Robert J. Connerton, Theodore T. Green, Washington, D.C., Howard C. Wright, Springfield, Charles A. Werner, St. Louis, Louis J. Leonatti, Mexico, John Ashcroft, Atty. Gen., Carl S. Yendes, Asst. Atty. Gen., Jefferson City, amicus curiae.


JAMES A. FINCH, Jr., Senior Judge.

Plaintiffs, members of the Professional Firefighters Association of Moberly, Missouri, Local 2671, filed suit seeking injunctive relief to prevent defendant City of Moberly from violating certain provisions of what plaintiffs claim is a binding collective bargaining agreement. The City filed a motion to dismiss the petition on the ground that it failed to state a claim on which relief could be granted in that the

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