VARNAL v. KANSAS CITY

No. 25634.

481 S.W.2d 575 (1972)

Mr. and Mrs. Charles VARNAL, Appellants-Plaintiffs, v. KANSAS CITY, Missouri, a municipal corporation, and P. W. Halloran, Respondents-Defendants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 11, 1972.

Application to Transfer Denied July 17, 1972.


Attorney(s) appearing for the Case

Elwyn L. Cady, Jr., Independence, for appellants-plaintiffs.

Aaron A. Wilson, Jr., Acting City Counselor, Robert A. Dakopolos, Associate City Counselor, Thomas C. Clark, Asst. City Counselor, Kansas City, for respondents-defendants.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 11, 1972.

CROSS, Judge.

Summary judgment was rendered in favor of defendants Kansas City, Missouri and P. W. Halloran, on grounds this action was barred by a former judgment in a federal court and that the relief plaintiffs sought was not recoverable against defendants by reason of their immunity from liability in performing a governmental function. Plaintiffs appeal.

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