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BLAKE v. CITY OF ST. LOUIS

No. ED 82289.

120 S.W.3d 759 (2003)

John O. BLAKE, Appellant, v. CITY OF ST. LOUIS, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied November 13, 2003.

Application for Transfer Denied December 23, 2003.

Attorney(s) appearing for the Case

Elkin L. Kistner, Jones, Haywood, Bick, Kistner, & Jones, P.C., St. Louis, MO, for Appellant.

Mark Lawson, Office of the City Counselor, St. Louis, MO, for Respondent.

Before GARY M. GAERTNER, SR., P.J., ROBERT G. DOWD, JR., J. and MARY R. RUSSELL, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 13, 2003.

ORDER

PER CURIAM.

Appellant, John O. Blake ("Blake"), appeals the judgment of the Circuit Court of the City of St. Louis granting summary judgment in favor of respondent, the City of St. Louis ("the City"). Blake argues that a genuine issue of material fact exists as to whether Blake intended to waive his claim by paying the...

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