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MACKEY v. MACKEY

No. WD 50763.

914 S.W.2d 48 (1996)

Roger T. MACKEY, Appellant, v. Connie R. MACKEY, Rushville State Bank, Ruth Sampson and Nelson Sampson, Respondents.

Missouri Court of Appeals, Western District.

January 23, 1996.

Attorney(s) appearing for the Case

William G. Cownie, Lee's Summit, for appellant.

Charles S. Wilcox, St. Joseph, for respondent Rushville State Bank.

Arthur J. Meers, St. Joseph, for respondent Sampson.

Philip Eveloff, St. Joseph, for respondent Connie Mackey.

Before BRECKENRIDGE, P.J., and ULRICH and LAURA DENVIR STITH, JJ.

ULRICH, Judge.

Roger T. Mackey appeals the dismissal of his petition for failure to state a cause of action. The claims for damages in the petition were based on theories of civil conspiracy and the tort of outrage. Respondents Nelson and Ruth Sampson seek frivolous appeal damages.

The judgment is affirmed; the motion for frivolous appeal damages is denied.

Background

In Count I of his petition, Mr. Mackey alleged that the Rushville...

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