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BENTON v. CITY OF ROLLA

No. 18620.

872 S.W.2d 882 (1994)

Carl Donald BENTON and Lucille Benton, Plaintiffs-Appellants, v. CITY OF ROLLA, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

March 25, 1994.

Attorney(s) appearing for the Case

Joseph A. Lott, Clayton, for plaintiffs-appellants.

Dan L. Birdsong, Thomas, Birdsong & Clayton, P.C., Rolla, for defendant-respondent.

Before PARRISH, C.J., and SHRUM and MONTGOMERY, JJ.

MONTGOMERY, Judge.

On October 22, 1993, this district filed an opinion affirming the judgment. Thereafter, this district denied Plaintiffs-Appellants' motion for rehearing or to transfer to the Supreme Court. Plaintiffs-Appellants then filed an application for transfer with the Supreme Court, which was sustained on December 21, 1993. On March 22, 1994, the Supreme Court entered the following order:

"Cause ordered retransferred to the Missouri Court of Appeals...

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