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LAZENBY v. PFAFFINGER

No. S89-68C(5).

715 F.Supp. 947 (1989)

David L. LAZENBY and Carol Lazenby, Plaintiffs, v. George W. PFAFFINGER and the City of Cape Girardeau, Cape Girardeau County, Mo., Defendants.

United States District Court, E.D. Missouri, Southeastern Division.

July 13, 1989.

Attorney(s) appearing for the Case

Gerald Johnson, Cape Girardeau, Mo., John Paul Womick, Carbondale, Ill., for plaintiffs.

A.M. Spradling, III, Richard G. Steele, Cape Girardeau, Mo., for defendants.

MEMORANDUM AND ORDER

LIMBAUGH, District Judge.

This cause is before the Court on a motion to dismiss filed by defendant City of Cape Girardeau. The city contends plaintiffs failed to give notice of their claim to the city as required by § 11.04 of the city charter. Plaintiffs have not responded to the city's motion.

This action arises out of an automobile accident that allegedly occurred on December 19, 1987. Plaintiffs David and Carol Lazenby...

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