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JOHNSON v. CARTHELL

No. 12380.

631 S.W.2d 923 (1982)

Thomas Edward JOHNSON, a minor by his next friend, Johnnia Maie Carter and Johnnia Maie Carter, Plaintiffs-Appellants, v. Charles Frank CARTHELL and Charleston R-1 School District, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing Overruled and to Transfer Denied April 5, 1982.

Application to Transfer Denied May 17, 1982.

Attorney(s) appearing for the Case

Francis J. Siebert, Scott City, for plaintiffs-appellants.

Albert C. Lowes, Catherine R. McBride, Buerkle, Lowes, Beeson & Ludwig, Jackson, for defendants-respondents.

Motion for Rehearing Overruled and to Transfer to Supreme Court was Denied April 5, 1982.

BILLINGS, Presiding Judge.

Plaintiffs appeal from an order dismissing their petition with prejudice for failing to "state sufficient facts to state a claim for relief."

Plaintiffs' petition alleged in part as follows:

* * * * * * 5. That on or about the 9th day of April, 1980, at approximately 7:45 A.M., the said Thomas Edward Johnson was a...

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