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JONES HOLDING CO., INC. v. WALKER

No. WD 42403.

792 S.W.2d 61 (1990)

JONES HOLDING COMPANY, INC., A Missouri Corporation, General Partner and on behalf of Four Missouri Limited Partnerships: Clovis I, New Mexico Ethanol Producers, Iberia I, Iberia IV, Plaintiffs-Appellants, v. Ronald WALKER, Thomas Tierney, Carl Wright, Lewis P. Herman, Harold Card, John Redd and Thomas Jackson, Defendants-Respondents.

Missouri Court of Appeals, Western District.

July 3, 1990.

Attorney(s) appearing for the Case

David C. McConnell, Kansas City, for plaintiffs-appellants.

Ronald R. Walker, Joplin, pro se.

Richard K. Andrews, Neil L. Johnson, and Gregory J. Scott, Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, for Harold Card.

Daniel Bukovac and John Power, Watson, Ess, Marshall & Enggas, Kansas City, for Lewis P. Herman.

Robert S. Clark and Gregory D. Phillips, Kimball, Parr, Crockett & Waddoups, Salt Lake City, Utah, for John P. Redd.

Raymond L. Dahlberg and Kristin L. Altice, Niewald, Waldeck, Norris & Brown, Kansas City, for Thomas W. Tierney.

Before TURNAGE, P.J., and LOWENSTEIN and GAITAN, JJ.

TURNAGE, Presiding Judge.

This is an appeal from the dismissal of a petition because the suit was improperly brought on behalf of individual limited partners. Jones Holding Company, Inc., the plaintiff, appeals and contends the suit was actually brought in its name and not in the name of the limited partners. Reversed and remanded.

The petition in question is the third amended petition. The caption of the petition listed Jones Holding Company, Inc., a Missouri...

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