DAKE v. TUELL

No. 66541.

687 S.W.2d 191 (1985)

James J. DAKE and Velva Fausett, Plaintiffs-Appellants, v. Eldon TUELL and Robin Hubbard, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

April 2, 1985.


Attorney(s) appearing for the Case

John E. Chick, Jr., Kansas City, for plaintiffs-appellants.

Eldon Tuell, Robin Hubbard, pro se.

Michael E. Kaemmerer, Thomas W. McCarthy, Diana K. Wieland, St. Louis, for amicus curiae Missouri Merchants & Manuf. Ass'n.

W. James Foland, William E. Quirk, Kansas City, for amicus curiae Westmo Def. Lawyers Ass'n.

Paul Schroeder, St. Louis, for amicus curiae Missouri Hosp. Ass'n.


BILLINGS, Judge.

The sole issue in this case is whether discharged at will employees can maintain a suit for wrongful discharge against their former employers by cloaking their claims in the misty shroud of prima facie tort. The trial court dismissed plaintiffs' petitions for failure to state a cause of action. We affirm.

Defendants Eldon Tuell and Robin Hubbard are the owners of a Lowrey Organ Center where plaintiffs were employed. Plaintiff Dake was employed...

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