MADDEN v. C & K BARBECUE CARRYOUT, INC.

Nos. 70263, 70248.

758 S.W.2d 59 (1988)

Opal MADDEN, Plaintiff-Appellant, v. C & K BARBECUE CARRYOUT, INC., and Ozzie Carr, Defendants-Respondents. James DECKER, et al., Plaintiffs-Appellants, v. GRAMEX CORPORATION, et al., Defendants-Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 18, 1988.


Attorney(s) appearing for the Case

William Taylor, St. Louis, for Opal Madden.

Jeffery L. Cramer, Joan M. Holt, St. Louis, for C & K Barbecue Carryout, Inc.

Alan J. Agathen, Walter L. Floyd, St. Louis, for James Decker, et al.

Hardy C. Menees, Clayton, for Gramex Corp.

Gary P. Paul, Clayton, for Schnucks Twenty-Five, Inc.

James C. Swearengen, Mark W. Comley, Barry V. Cundiff, Jefferson City, for amici Missouri Retailers Ass'n and Missouri Grocers' Ass'n.


BILLINGS, Chief Justice.

These two cases have been consolidated for purposes of appeal. In Madden v. C & K Barbecue Carryout, Inc., plaintiff's cause of action was dismissed for failure to state a claim. In Decker v. Gramex Corporation, plaintiffs' case was dismissed on motion for summary judgment. The Court concludes that the petition in Madden was sufficient to withstand a motion to dismiss, and that the affidavits in the Decker case, broadly construed...

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