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KILLIAN CONST. CO. v. TRI-CITY CONST. CO.

No. 33012.

632 S.W.2d 49 (1982)

KILLIAN CONSTRUCTION COMPANY, Plaintiff-Respondent, v. TRI-CITY CONSTRUCTION COMPANY, Defendant-Appellant.

Missouri Court of Appeals, Western District.

March 30, 1982.

Attorney(s) appearing for the Case

Harold L. Fridkin, Richard D. Rhyne, Kansas City, for defendant-appellant.

Donald R. Duncan, Springfield, for plaintiff-respondent.

Before NUGENT, P. J., and TURNAGE and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

Defendant-appellant Tri-City Construction Company appeals an order of the trial court granting plaintiff-respondent Killian Construction Company leave to dismiss its petition without prejudice after plaintiff had presented part of its case to the jury on a claim for breach of contract.

Rule 67.01 provides that leave of court to dismiss a plaintiff's cause without prejudice "shall be freely granted when justice so requires." In the instant...

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