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McDANIEL v. LOVELACE

Nos. 53574, 53575.

439 S.W.2d 906 (1969)

Gail Frances McDANIEL and Patricia Ann McDaniel, Minors, by Pearl M. Eisnogle, Next Friend, Plaintiffs-Appellants, v. Nettle LOVELACE, Administratrix of the Estate of Clayton Thomas Lovelace, Joe Ray, Inc., a Corporation, and Douglas Wayne Clemons, Defendants-Respondents. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a Corporation, Plaintiff-Respondent, v. WESTERN CASUALTY AND SURETY COMPANY, a Corporation, et al., Defendants, Gail Frances McDaniel and Patricia Ann McDaniel, Minors, Defendants-Appellants.

Supreme Court of Missouri, Division No. 1.

April 14, 1969.

Attorney(s) appearing for the Case

Pannell & Dodson, Festus, for appellants.

Smith & Colson, by David L. Colson, Farmington, for defendants-respondents, Joe Ray, Inc. and Douglas Wayne Clemons.

G. William Weier, Dearing, Richeson, Weier, Roberts & Wegmann, Hillsboro, for defendant-respondents, The Fidelity and Casualty Company of New York and Nettie Lovelace, Administratrix of the Estate of Clayton Thomas Lovelace, Deceased.

LAURANCE M. HYDE, Special Commissioner.

These two appeals were consolidated for hearing by order of this court. The first is an action for $25,000.00 by two minor plaintiffs for wrongful death of their father in a collision between a car and a tractor trailer truck, in which verdict and judgment was for defendants. The second is from an order overruling a motion by these minors to declare null and void the judgment in a declaratory judgment action, which determined...

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