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PIERCE v. OZARK BORDER ELECTRIC COOPERATIVE

No. 49717.

378 S.W.2d 504 (1964)

Leon PIERCE, (Plaintiff) v. OZARK BORDER ELECTRIC COOPERATIVE, a Corporation, (Defendant and Third-Party Plaintiff), Appellant, v. J. W. GITHENS and E. E. Githens, d/b/a J. W. Githens Company, (Third-Party Defendants), Respondents.

Supreme Court of Missouri, Division No. 1.

May 11, 1964.

Attorney(s) appearing for the Case

Carter, Fitzsimmons & Brinker, Paul E. Fitzsimmons, Clayton, Wangelin & Friedewald, Poplar Bluff, for appellant.

Clarence A. Powell, Dexter, Blanton & Blanton, Sikeston, for third-party defendants-respondents.

HOUSER, Commissioner.

This is an appeal from an order dismissing a third-party petition for indemnity, deemed a final judgment for the purposes of appeal. See Sup.Ct. Rule 82.06, V.A. M.R.

Third-party plaintiff Ozark Border Electric Cooperative, a corporation, hereinafter "Ozark," filed a third-party petition against J. W. Githens and E. E. Githens, doing business as J. W. Githens Company, hereinafter "contractors," praying for judgment against contractors...

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