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STATE EX REL. SCHAEFER v. CLEVELAND

No. 61543.

847 S.W.2d 867 (1992)

STATE of Missouri, ex rel. John SCHAEFER, Plaintiff-Appellant, v. Edward C. CLEVELAND, et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied January 28, 1993.

Application to Transfer Denied March 23, 1993.

Attorney(s) appearing for the Case

Robert J. Koster, Elizabeth D. Odell, King, Koster & Murphy, St. Louis, for plaintiff-appellant.

John M. Hessel, John D. Husmann, Lewis, Rice & Fingersh, St. Louis, for defendants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 28, 1993.

SMITH, Judge.

Relator appeals from the action of the trial court in dismissing his petition for a writ of mandamus. We reverse and remand.

Because relator's petition was dismissed for failure to state a cause of action we must consider as true all well pleaded facts. Davis v. Carmichael, 755 S.W.2d 679, 1.c. 680 (Mo.App.1988). Relator...

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