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MILLER v. AMERICAN INSURANCE COMPANY

Nos. 33011, 33012.

439 S.W.2d 238 (1969)

Theresa MILLER, Plaintiff-Respondent, v. The AMERICAN INSURANCE COMPANY, a Corporation, et al., Defendants, Roger F. Malone and James R. Malone, a Co-Partnership d/b/a Malone Roofing Company, and Earl W. Lauer, d/b/a Home Comfort Sales, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

March 18, 1969.

Attorney(s) appearing for the Case

Louis S. Czech, Clayton, for Roger F. and James R. Malone, d/b/a Malone Roofing Co.

George J. Bagot, Clayton, for Earl W. Lauer, d/b/a Home Comfort Sales.

Gerald L. Seegers, Clayton, for respondent.

CLEMENS, Commissioner.

Plaintiff got a $5,000 verdict and judgment for rain water damage to her home that occurred when workmen left the roof uncovered during repairs. The appealing defendants are the building contractor, Earl W. Lauer, and his subcontractors, Roger F. and James R. Malone. (Plaintiff also sued her insurer but lost that claim by jury verdict; she took no action against that verdict, and it stands.)

The determinative issue: Is plaintiff entitled...

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