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MOHART v. CITY OF KIRKWOOD

No. ED 89276.

233 S.W.3d 769 (2007)

John and Mary MOHART, Plaintiffs/Appellants, v. CITY OF KIRKWOOD, Missouri, Mayor Mike Swoboda, Thomas J. Noonan, Arthur J. McDonnell, Michael H.T. Lynch, Joseph E. Godi, Connie Karr and Timothy E. Griffin, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

September 25, 2007.

Attorney(s) appearing for the Case

Eric S. Schmitt, Lathrop & Gage, Clayton, MO, for appellant.

John M. Hessel, St. Louis, MO, for respondent.

Before ROY L. RICHTER, P.J., CLIFFORD H. AHRENS, J., and GLENN A. NORTON, J.

ORDER

PER CURIAM.

John and Mary Mohart ("the Moharts") appeal the judgment of the trial court granting summary judgment in favor of the City of Kirkwood, Missouri; Mayor Mike Swoboda; Thomas J. Noonan; Arthur J. McDonnell; Michael H.T. Lynch; Joseph E. Godi; Connie Karr; and Timothy E. Griffin (collectively referred to herein as "Kirkwood"). The Moharts argue that the trial court erred in granting summary judgment in favor of Kirkwood because

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