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SHARP v. INTERSTATE MOTOR FREIGHT SYSTEM

No. 53371.

442 S.W.2d 939 (1969)

Francis M. SHARP, II, Eaton Truck Line, Inc., by Its Receiver, Fred A. Murdock, Third-Party Plaintiff-Appellant, v. INTERSTATE MOTOR FREIGHT SYSTEM, Respondent.

Supreme Court of Missouri, En Banc.

June 25, 1969.

Attorney(s) appearing for the Case

William M. Austin, Walter R. James, North Kansas City, Lane Bauer, Kansas City, for appellant.

William H. Sanders, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, J. M. Neath, Jr., Warner, Norcross & Judd, Grand Rapids, Mich., for respondent.

HOUSER, Commissioner.

This is an appeal by third-party plaintiff Eaton Truck Line, Inc., by its receiver Fred A. Murdock, from a judgment entered in a third-party proceeding. Interstate Motor Freight System, a Corporation, is third-party defendant.

Third-party plaintiff Eaton sought a declaratory judgment with reference to the rights, duties and liabilities of the parties arising out of a contract of sale of Eaton's rights to operate as a common carrier of...

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