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SAMLAND v. J. WHITE TRANSP. CO., INC.

No. WD 34646.

675 S.W.2d 92 (1984)

J.S. SAMLAND, et al., Respondents, v. J. WHITE TRANSPORTATION CO., INC., et al., Appellants.

Missouri Court of Appeals, Western District.

As modified July 31, 1984.

Motion for Rehearing and/or Transfer to Overruled and Denied July 31, 1984.

Attorney(s) appearing for the Case

James Wheeler, Keytesville, D. Eric Sowers, St. Charles, for J. White.

Eugene B. Overhoff, Cuba, for Metro Inv.

Edward Bruce Nangle, Clayton, for J.S. Samland.

Before SOMERVILLE, P.J., and NUGENT and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied July 31, 1984.

NUGENT, Judge.

Defendant J. White Transportation, Inc., appeals from order sustaining plaintiff J.S. Samland's challenge to the jurisdiction of the court to proceed further in the case. The plaintiff's challenge was based upon the earlier joint, voluntary dismissals without prejudice by plaintiff of his petition, by defendant of its counterclaim and by an additional party...

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