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PHILLIPS v. PHILLIPS

No. 17549.

819 S.W.2d 413 (1991)

Junior PHILLIPS, Appellant, v. Merle PHILLIPS, Respondent.

Missouri Court of Appeals, Southern District, Division One.

November 21, 1991.

Attorney(s) appearing for the Case

Brad D. Eidson, Houston, for appellant.

David G. Neal, Eminence, for respondent.

CROW, Judge.

Junior Phillips sued his brother, Merle Phillips, for a "partnership accounting." Merle1 moved to dismiss, averring the suit was barred by a judgment in his favor in an earlier action between the parties. The trial court granted Merle's motion. Junior appeals.

Junior's petition pled he and Merle formed a partnership in 1986 to engage in the timber business, all profits and losses to be shared equally. The petition...

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