McKEE v. WILMARTH

No. WD 38647.

728 S.W.2d 699 (1987)

Gale F. McKEE and Michael McKee, Appellants, v. Harold WILMARTH and Neill Wilmarth, Respondents.

Missouri Court of Appeals, Western District.

April 28, 1987.


Attorney(s) appearing for the Case

Jefferson G. Broady, Rock Port, for appellants.

Zahnd, Dietrich and Ross, Maryville, for respondents.

Before PRITCHARD, P.J., and MANFORD and BERREY, JJ.


BERREY, Judge.

Plaintiffs Gale and Mike McKee appeal from a grant of a summary judgment for defendants Harold and Neill Wilmarth on their malicious prosecution action in which the trial court found plaintiffs' cause of action barred by collateral estoppel because of an earlier final judgment involving plaintiff, Mike McKee and defendants' employer, Farmer's Elevator Company. This court affirms in part and reverses in part.

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