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R. ROWLAND & CO., INC. v. SMITH

No. 13898.

698 S.W.2d 48 (1985)

R. ROWLAND & CO., INCORPORATED, Plaintiff-Respondent, v. David SMITH, et al., Defendants, David Lawson and Angela Lawson, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

September 23, 1985.

Attorney(s) appearing for the Case

Bob J. Keeter, Keeter, Karchmer, Nelms, Kirby & Johnson, Springfield, for defendants-appellants.

Richard J. Pautler, Peper, Martin, Jensen, Maichel and Hetlage, St. Louis, and Donald R. Duncan, Turner, Reid, Duncan, Loomer & Patton, P.C., Springfield, for plaintiff-respondent.

CROW, Judge.

This is an appeal from an order granting a motion to dismiss a counterclaim for failure to state a claim upon which relief can be granted. The trial court designated the order final for purpose of appeal per Rule 81.06, Missouri Rules of Civil Procedure (15th ed.1984).

R. Rowland & Co., Incorporated ("Rowland") filed a multicount petition naming 11 individuals and a corporation as defendants. David Lawson ("David") and Angela Lawson ("Angela...

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