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CONNELL v. WHITELEY

No. 16222.

779 S.W.2d 781 (1989)

James H. CONNELL, Karen Connell and Patrick J. Connell, d/b/a Connell Aviation, Plaintiffs-Appellants, v. Danny WHITELEY, Individually and as a Member of the Poplar Bluff Airport Advisory Board; The City of Poplar Bluff, Missouri; Ron Black; Calvin Rutledge; Ernie Richardson; Joe Sullivan; Mark Massingham; William Turner; and Mayor Robert P. MacDonald, Defendants, and Poplar Bluff Printing Company, Inc., d/b/a Daily American Republic Newspaper, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

November 20, 1989.

Attorney(s) appearing for the Case

Mark A. Kennedy, Kennedy & Kennedy, Poplar Bluff, for plaintiffs-appellants.

Daniel T. Moore, L. Joe Scott, Poplar Bluff, for defendant-respondent.

PREWITT, Judge.

The trial court dismissed Count II of plaintiffs' multicount petition and found, according to a statement by the Circuit Clerk's office, "that there is no jury [sic] reason for delay, (Rule 74.01b)." We conclude that this was a sufficient "determination that there is no just reason for delay", to enter a judgment as to fewer than all the claims presented. Rule 74.01(b). The parties so treat it and we do likewise. This appeal therefore lies.

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