Campbell 66 Express, Inc. v. Thermo King of Springfield, Inc.

HOGAN, Judge.

This is an action for a declaratory judgment. The trial court has sustained motions to dismiss for failure to state a claim upon which relief can be granted. Plaintiff appeals.

Summarized narratively, and as material here, the plaintiff’s petition shows that it holds a certificate of convenience and necessity to operate as a common carrier, presumably by motor vehicle; defendant Ther-mo King of Springfield, Inc., is a Missouri corporation doing business in Springfield, in Greene County, Missouri. Defendant Ther-mo King, Inc., is a corporation which has a registered office and…