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SMITH v. ROST

No. 19858.

906 S.W.2d 906 (1995)

Juanita C. SMITH, Plaintiff-Appellant, v. Don ROST, Presiding Commissioner of Webster County, Franklin D. Lewis, Associate Commissioner, and John Haywood, Associate Commissioner, members of and constituting the Webster County Commission, Liberty Cemetery Perpetual Care Association, A Missouri benevolent association, Noel Cantrell, Marion McCormick and David Napier, individually and as Trustees for Liberty Cemetery Perpetual Care Association, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

September 27, 1995.

Attorney(s) appearing for the Case

John H. Kizer, Springfield, for plaintiff-appellant.

Donald G. Cheever, Marshfield, for defendants-respondents.

MONTGOMERY, Presiding Judge.

Appellant filed a petition for damages against Respondents on September 23, 1994. The petition alleged that Appellant's family was granted burial rights in a group of cemetery plots located in the Liberty Cemetery in Webster County and that Respondents allowed individuals unrelated to Appellant's family to be buried in these plots. Respondents filed a motion to dismiss on the grounds that Appellant lacked standing to bring this action...

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