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GARY SURDYKE YAMAHA, INC. v. DONELSON

No. 51251.

743 S.W.2d 522 (1987)

GARY SURDYKE YAMAHA, INC., Plaintiff-Appellant, v. Carl DONELSON and Donelson Cycles, Inc., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied December 22, 1987.

Application to Transfer Denied February 17, 1988.

Attorney(s) appearing for the Case

Howard A. Wittner, Clayton, for plaintiff-appellant.

Gerard F. Hempstead, Clayton, for defendants-respondents.

SATZ, Presiding Judge.

Plaintiff, Gary Surdyke d/b/a Gary Surdyke Yamaha, Inc., sued defendants, Carl Donelson and Donelson Cycles, Inc., for prima facie tort. The trial court directed a verdict for defendants at the close of plaintiff's case. Plaintiff appeals. We affirm.

The issue before us is submissibility. Submissibility is a question of law. E.g., Gibson v. Newhouse, 402 S.W.2d 324, 327-328 (Mo.1966). To make...

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