WORLOW v. MISSISSIPPI RIVER FUEL CORPORATION

No. 54289.

444 S.W.2d 461 (1969)

Dale WORLOW, Appellant, v. MISSISSIPPI RIVER FUEL CORPORATION, Respondent.

Supreme Court of Missouri, Division No. 2.

September 8, 1969.


Attorney(s) appearing for the Case

Robert B. Baker, Ellington, for appellant.

Wilburn A. Duncan, Anthony F. Vaiana, St. Louis, Mo., for respondent.


BARRETT, Commissioner.

Except for the all but total insufficiency of the record this appeal would present the problem of whether the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C.A. App. Secs. 501-585) is applicable to that part of the action for wrongful death, (RSMo 1959 Supp. Sec. 537.080, V.A.M.S.) which provides "that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a...

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