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NESS v. ALBERT

No. WD 33654.

665 S.W.2d 1 (1983)

Stanley NESS and Joyce Ness, Respondents, v. Paul A. ALBERT, Appellant.

Missouri Court of Appeals, Western District.

Motion for Transfer Overruled November 15, 1983.

Application to Transfer Denied December 20, 1983.

Attorney(s) appearing for the Case

James C. Butcher, William A. Mallory, Butcher, Cline, Mallory & Covington, Columbia, for appellant.

Russell C. Still, Columbia, for respondents.

Before SOMERVILLE, Judge, Presiding, and TURNAGE and LOWENSTEIN, JJ.

Motion for Transfer to Supreme Court Overruled November 15, 1983.

SOMERVILLE, Judge, Presiding.

Plaintiffs (respondents), owners of a residential property in rural Boone County, brought an action for damages (actual and punitive) against defendant (appellant), an adjoining property owner.

Attention focuses on plaintiffs' petition in order to determine the theory of their cause of action. Doing so reveals that plaintiffs alleged in their petition...

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