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BIVINS v. ACE WRECKING & EXCAVATING COMPANY

No. 51931.

409 S.W.2d 97 (1966)

Mary Lue Wade BIVINS and Reliance B. Wade, Administratrix of the Estate of Stanley K. Wade, Deceased, Respondents, v. ACE WRECKING & EXCAVATING COMPANY, Inc., Bobby Lou McCormick, Respondents, and State Automobile and Casualty Underwriters, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied and Opinion Modified on Motion December 12, 1966.

Attorney(s) appearing for the Case

E. E. Thompson, Thos. J. Conway, Jr., Edgar S. Carroll, Kansas City, William Harrison Norton, North Kansas City, Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel, for respondents Mary Lue Wade Bivins and Reliance B. Wade, Adm'x of Estate of Stanley K. Wade, deceased.

William H. Sanders, Dean F. Arnold, James Borthwick, Kansas City, Caldwell, Blackwell, Sanders & Matheny, Kansas City, of counsel, for appellant, State Auto. & Cas. Underwriters.

Motion for Rehearing or for Transfer to Court En Banc Denied and Opinion Modified on Court's Own Motion December 12, 1966.

HOUSER, Commissioner.

Plaintiffs recovered a judgment against Ace Wrecking & Excavating Company and its truck driver for $18,750 damages for the death of their son who was killed in a collision involving a tractor-trailer rig operated by Ace. The judgment was not satisfied. This is an action...

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