Details for STATE OF MISSOURI COUNTY OF PIKE IN THE CIRCUIT COURT OF PIKE COUNTY, MISSOURI ASSOCIATE CIRCUIT JUDGE DIVISION

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STATE OF MISSOURI COUNTY OF PIKE

IN THE CIRCUIT COURT OF PIKE COUNTY, MISSOURI ASSOCIATE CIRCUIT JUDGE DIVISION

Cause No. 20PI-AC00066

MICHAEL AUSTIN MAGRUDER, 26622 Highway M Middletown, Missouri 63359

Petitioner,

vs.

KENNETH ZELLERS, Director, Department of Revenue 301 West High Street, P.O. Box 311 Jefferson City, Missouri 65101

and

MARTIN MARIETTA CORPORATION Registered Agent: CT Corporation Systems 906 Olive Street S1. Louis, Missouri 63101

and

MAGRUDER CONSTRUCTION COMPANY, INC. 243 West Outer Road Eolia, Missouri 63344 Registered Agent: Teresa Blazer 243 West Outer Road Eolia, Missouri 63344

Respondents.

PETITION .FOR DECLARATORY JUDGMENT

COMES NOW the Petitioner, Michael Austin Magruder, together with his attorney, E. Rex Bradley, and for hereby prays this Honorable Court to enter declaratory judgment and the Petitioner hereby states, upon his oath, to the Court as follows:

1. Petitioner, Michael Austin Magruder, is a resident of Pike County, Missouri, residing at 26622 Highway M, Middletown, Missouri 63359, and has so resided at all times mentioned herein:

2. Respondent, Kenneth Zellers, is the Director of Revenue for the State of Missouri, and is responsible for issuing titles in the State of Missouri;

3. Respondent, Magruder Construction Company, Inc., is a Missouri Corporation in good standing with its registered agent being Teresa Blazer, 243 West Outer Road, Eolia, Pike County, Missouri 63344;

4. Respondent, Martin Marietta Corporation, Registered Agent, is a Missouri Corporation in good standing with its registered agent being CT Corporation Systems, 906 Olive, St. Louis, Missouri 63101;

5. The said 1963 Mack tractor, serial number B53S1364, was purchased on or about July 18, 1984, by Respondent, Magruder Construction Company, Inc., from American Aggregates Corporation located, at that time, in Greenville, Ohio, but the same was never registered or licensed in the State of Missouri;

6. Martin Marietta Corporation, did acquire American Aggregates Corporation, but has no record of any assets constituting the 1963 Mack tractor, serial number B53S1364;

7. Neither of the Respondents are capable of producing a title for the Petitioner, Michael Austin Magruder, who desires to purchase said vehicle from the Respondent, Magruder Construction Company, Inc.;

8. The above referenced vehicle was never operated upon the streets or roads of the State of Missouri, but was simply parked and never used by the Respondent, Magruder Construction Company, Inc., who now desires to sell the same to Petitioner, Michael Austin Magruder;

9. Petitioner, Michael Austin Magruder, did pay to the Respondent, Magruder Construction Company, Inc., the sum of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) as and for purchase of said 1963 Mack tractor, serial number B53S1364, as aforesaid and is in need of title to be issued to the Respondent, Michael Austin Magruder

WHEREFORE, Petitioner, Michael Austin Magruder, prays the Court enter an order directing the Director of Revenue to issue new title to vehicle, 1963 Mack tractor, serial number B53S1364, and for such other orders and relief as the Court may deem just and proper under the premises.

/s/ Michael Austin Magruder

/s/ E. Rex Bradley #22053 The E. Rex. Bradley Law F· m, P.c. Attorney for Petitioner 2608 Georgia Street, P.O. Box 544 Louisiana, Missouri 63353 Phone: (573) 754-5582 Fax: (573) 754·5451 Email: rex@rexbradleylaw.com STATE OF MISSOURI COUNTY OF PIKE

Michael Austin Magruder, of lawful age, being duly sworn upon his oath, states he is the Petitioner named above and the facts stated in the foregoing instrument are true and correct according to his best knowledge, information and belief.

/s/ Michael Austin Magruder

STATE OF MISSOURI

COUNTY OF PIKE

On this 24th day of April in the year of 2020 before me, E Rex Bradley, a Notary public in and for said state, personally appeared Michael Austin Magruder, known to me to be the person who executed within document, and acknowledged to me he executed the same for the purposes therein stated.

Subscribed and sworn to before me this 24th day of April, 2020, in my office in Pike County, Missouri.

SEAL

/s/ E. Rex Bradley

Notary Public

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