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WABASH RAILROAD COMPANY v. BERG

Nos. 30056, 30057.

318 S.W.2d 504 (1958)

WABASH RAILROAD COMPANY, a Corporation, Plaintiff-Respondent, v. Sam BERG, Defendant and Third-Party Plaintiff-Appellant (Richard WALLACH et al., Third-Party Defendants). WABASH RAILROAD COMPANY, a Corporation, Plaintiff, v. Sam BERG, Defendant and Third-Party Plaintiff-Respondent (Richard WALLACH et al., Third-Party Defendants. Richard Wallach Metals & Supply Company, a Corporation, Third-Party Defendant-Appellant).

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied and Opinion Modified December 30, 1958.

Attorney(s) appearing for the Case

Leo F. Laughren, R. C. Reis, St. Louis, for appellant.

Rassieur, Long & Yawitz, Robert H. Batts, Terry K. Donk, Robert Nagel Jones, St. Louis, for appellant third-party respondent.

Eugene S. Davis, St. Louis, for respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied and Opinion Modified December 30, 1958.

DEW, Special Commissioner.

These appeals arose out of a suit between the plaintiff and defendant, a third-party petition filed therein and a counterclaim filed in the third-party proceedings. A jury was waived and the court heard and disposed of all the issues as to all the parties in the one trial.

More particularly, the plaintiff Wabash Railroad Company...

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