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r <br /> <br />IN THE <br />CIRCUIT COURT OF VERNON COUNTY <br />STATE OF MISSOURI <br />CENTRAL WEST COAL CORPORATION, <br />Plaintiff, <br />v. <br />LAND RECLAMATION COMMISSION <br />of the State of Missouri, <br />Defendant. <br />Case No. CV7-87-162CC <br />SS OR, IN THE ALTERNATIVE <br />OR SUMMARY JUDGMENT <br />Comes now defendant, Missouri Land Reclamation Commission, <br />and for its Motion to Dismiss pursuant to Rule 55.27, V.A.M.R., <br />or, in the Alternative, Motion for Summary Judgment pursuant to <br />F <br />Rule 74.04, V.A.M.R., states as follows: <br />1. That venue is improper; <br />2. That this Court lacks subject matter jurisdiction over <br />plaintiff's Petition; <br />3. That the Petition fails to state a claim upon which <br />relief may be granted; <br />4. in the alternative, defendant is entitled to judgment <br />in its favor as a matter of law, and there is no genuine issue <br />as to any material fact raised in plaintiff's Petition. <br />WHEREFORE, defendant prays this Court make and enter its <br />order sustaining this Motion. <br />...,~..-r-..e.*_^"Ya.43.~{n ., ~. ~ ........... .. .~:-air 14 <br />