MASON v. WILLIAMS DISCOUNT CENTER, INC.

No. 44996.

639 S.W.2d 836 (1982)

Robert F. MASON, et ux., Plaintiff-Appellant, v. WILLIAMS DISCOUNT CENTER, INC., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 17, 1982.


Attorney(s) appearing for the Case

Edward J. Delworth, St. Louis, for plaintiff-appellant.

Gael D. Wood, Washington, John B. Berkemeyer, Hermann, for defendant-respondent.


SNYDER, Judge.

This is an appeal from a judgment dismissing appellants' second amended petition for failure to state a claim upon which relief may be granted. The judgment is reversed and the cause remanded.

Appellants filed a petition alleging respondent included appellants' names on a list of names posted in respondent's store under the heading "no checks". Appellants' second amended petition reads:

COUNT I

Comes now the plaintiff, Robert...

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