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PITTMAN v. FARON

No. 29983.

315 S.W.2d 836 (1958)

Robert PITTMAN and Marvin Dodd (Plaintiffs), Respondents, v. A. J. FARON (Defendant), Appellant.

St. Louis Court of Appeals, Missouri.

September 2, 1958.

Attorney(s) appearing for the Case

Max Oliver, Montgomery City, for appellant.

Bond & Dominique, John O. Bond, P. Pierre Dominique, Jefferson City, J. F. McVey, Montgomery City, for respondents.

JAMES D. CLEMENS, Special Judge.

Suit by lessees for judgment declaring the status of a mining lease. The defendant-lessor claimed the lease had been forfeited, but the trial court declared the lease still in force, and defendant-lessor appeals, claiming here (1) that the case was not the proper subject of a declaratory judgment action, and (2) that he was entitled to a jury trial.

By a second count of their petition...

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