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CLARK v. CITY OF HUMANSVILLE, MISSOURI

No. 7920.

348 S.W.2d 369 (1961)

Frank T. CLARK, Boyd G. Clark and Charles W. Clark, co-partners d/b/a Clark Contracting Company, Plaintiffs-Appellants, v. CITY OF HUMANSVILLE, MISSOURI, a municipal corporation, Defendant-Respondent.

Springfield Court of Appeals. Missouri.

July 6, 1961.

Attorney(s) appearing for the Case

Harry H. Kay, Robert J. Quigley, Eldon, for plaintiffs-appellants.

Pufahl & Collins, Bolivar, for defendant-respondent.

STONE, Presiding Judge.

In this action for damages of $5,400, plaintiffs' appeal is from the order of the circuit court sustaining defendant's motion to dismiss plaintiffs' petition for failure to state a claim upon which relief could be granted. Since the order did not specify otherwise, the dismissal was with prejudice and operated as an adjudication upon the merits. Rule 67.03, V.A.M.R.; V.A. M.S. § 510.150. Of...

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