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McCLENDON v. MID-CITY DISCOUNT DRUGS

No. WD 48118.

876 S.W.2d 657 (1994)

Evelyn McCLENDON, Christopher Mark McClendon, and Mack Fitzgerald McClendon, Appellants, v. MID-CITY DISCOUNT DRUGS, INC., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 3, 1994.

Application to Transfer Denied June 21, 1994.

Attorney(s) appearing for the Case

David H. Bony, Kansas City, for appellants.

Bill W. Richerson, Kansas City, for respondent.

Before ULRICH, P.J., and BRECKENRIDGE and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 1994.

SPINDEN, Judge.

Evelyn McClendon and her children, Christopher Mark McClendon and Mack Fitzgerald McClendon, appeal the trial court's dismissal of their lawsuit for the wrongful death of McClendon's husband. The court dismissed their petition on the ground that the court lacked subject matter jurisdiction because the matter involved a workers' compensation claim and was, therefore, within...

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