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RICE v. TAYLOR-MORLEY-SIMON, INC.

No. 61633.

842 S.W.2d 926 (1992)

Chester RICE and Akbar Electric Services Company, Inc., Plaintiffs/Appellants, v. TAYLOR-MORLEY-SIMON, INC., and Leon James, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

December 15, 1992.

Attorney(s) appearing for the Case

Eric E. Vickers, Vickers & Associates, St. Louis, for plaintiffs/appellants.

Eileen M. Love, Susman, Schermer, Rimmel & Shirfrin, Clayton, for respondent Taylor-Morley-Simon, Inc.

Michael F. Merritt, Wyne and Merritt, P.C., Creve Coeur, for respondent Leon James.

REINHARD, Judge.

Plaintiffs appeal from an order of the trial court dismissing their petition alleging breach of contract and tortious interference with contract by defendants. We affirm.

This case presents one principal issue for resolution: Does plaintiffs' failure to appeal the trial court's possibly erroneous dismissal with prejudice of their causes of action preclude them from refiling and pursuing the same claims?

In 1987, plaintiffs filed their...

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