BYRD v. BROWN

No. 12378.

641 S.W.2d 163 (1982)

Eli BYRD, Ruby Byrd, Ella Mae Byrd, Dave Carter and Alberta Carter, Plaintiffs-Respondents, v. James BROWN, Charles Jacks and the City of Cabool, Missouri, Defendants-Appellants.

Missouri Court of Appeals, Southern District, En Banc.

October 6, 1982.


Attorney(s) appearing for the Case

Gary T. Nelms, Mark L. McQueary, Jones, Keeter, Karchmer, Nelms & Sullivan, Springfield, John Alpers, Jr., Cabool, for defendants-appellants.

Michael L. Shortridge, John D. Eakes, Shortridge & Eakes, Willow Springs, for plaintiffs-respondents.


HOGAN, Judge.

This is a second appeal in the same case. See Byrd v. Brown, 613 S.W.2d 695 (Mo.App.1981). Our jurisdiction is challenged by plaintiffs' motion to dismiss the appeal. To preserve some sense of coherence in the opinion, we must first consider the present state of the record, bearing in mind that all matters directly or inferentially decided on the first appeal have become the law of the case unless the former...

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