ZAISER v. MILLER

Nos. 12759, 12788.

656 S.W.2d 312 (1983)

Fred J. ZAISER, et al., Plaintiffs-Appellants, v. George MILLER, et al., Defendants-Respondents. Fred J. ZAISER, et al., Plaintiffs-Respondents, v. George MILLER, et al., Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

August 11, 1983.


Attorney(s) appearing for the Case

Harold F. Glass, John G. Newberry, Schroff, Glass & Newberry, P.C., Springfield, for plaintiffs-appellants.

R. Jack Garrett, R. David Ray, West Plains, for defendants-respondents.


GREENE, Chief Judge.

This case involves a dispute between two factions who were members of the St. Paul Evangelical Lutheran Church of West Plains, Missouri. A schism occurred because of differences of opinion on doctrinal matters. Plaintiffs and defendants, each representing a class, claimed the right to possession and control of the church property.

Plaintiffs brought suit. In Count I of their amended petition, plaintiffs asked for a declaratory judgment...

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