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ABNEY v. NISWONGER

No. 59295.

823 S.W.2d 31 (1991)

William ABNEY and Lori Abney, Plaintiffs/Appellants, v. Ralph NISWONGER and Mary Niswonger, and Gordon A. Gundaker Real Estate Co., Inc., and Larry May Real Estate Co., and Koby Contracting Co., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

October 29, 1991.

Attorney(s) appearing for the Case

Jay R. Burns, Jr., St. Louis, for plaintiffs/appellants.

Lawrence G. Gillespie, Frawley, Eisen, Gillespie & Brown, Webster Groves, Scott Lee Meyer, Leyhe, Meyer, Leyhe, Baker & Lobel, St. Louis, Louis Joseph Garavaglia, Jr., St. Ann, Harry L. Ritchey, St. Charles, for defendants/respondents.

CRANE, Judge.

Plaintiffs William and Lori Abney appeal from the trial court's order dismissing with prejudice, for improper venue, their claim for fraudulent misrepresentation or, in the alternative, for rescission, against defendants Ralph and Mary Niswonger, Gordon A. Gundaker Real Estate Co., Inc., Larry May Real Estate Co., and Koby Contracting Co. arising out of the purchase of a home in St. Louis County. We reverse and remand.

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