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HEART OF AMERICA TOBACCO & CANDY CO. v. AYLWARD

No. 64192.

654 S.W.2d 870 (1983)

HEART OF AMERICA TOBACCO & CANDY CO., Respondent, v. James P. AYLWARD, Jr., et al., Appellants.

Supreme Court of Missouri, En Banc.

August 16, 1983.

Attorney(s) appearing for the Case

Michael F. Dandino, Associate County Counselor, Kansas City, for appellants.

Harold W. Bird, II, Kansas City, respondent.

WELLIVER, Judge.

The issue in this case is whether respondent, Heart of America Tobacco & Candy Company, is entitled to replacement of wasted Jackson County cigarette stamps or a refund of the value of the stamps plus interest. The trial court held that respondent was entitled to a monetary refund equivalent to the value of wasted stamps. Jackson County and James P. Aylward, Jr., the Jackson County Collector at the time this suit was filed, have appealed. We have...

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