SMITH v. CITY OF DE SOTO

No. 44373.

634 S.W.2d 204 (1982)

Larry SMITH, Plaintiff-Appellant, v. CITY OF DE SOTO, Missouri, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied May 14, 1982.


Attorney(s) appearing for the Case

David H. Goldenhersh, St. Louis, for plaintiff-appellant.

Nicholas G. Gasaway, Wegmann, Gasaway, Stewart, Schneider, Dickhaner, Tesreau & Stoll, Hillsboro, for defendant-respondent.


CLEMENS, Senior Judge.

Plaintiff Larry Smith was discharged as a police officer after serving defendant City of DeSoto for seven years. Contending he was wrongfully discharged Smith sued DeSoto for unpaid salary, allowances and fees. For failure to state a claim his original petition was dismissed with leave to refile; his first amended petition met the same fate. Plaintiff's second petition was dismissed with prejudice...

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