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DRAKE-O'MEARA & ASSOC. v. AMERICAN TEST. & ENG. CORP.

No. 55120.

459 S.W.2d 362 (1970)

DRAKE-O'MEARA & ASSOCIATES and Continental National American Insurance Group, Appellants, v. AMERICAN TESTING & ENGINEERING CORPORATION, a Corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

November 9, 1970.

Attorney(s) appearing for the Case

Donald L. James, James E. Whaley, Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, for appellants.

Stuart Symington, Jr., Guilfoil, Symington & Petzall, St. Louis, for respondent.

STOCKARD, Commissioner.

Plaintiffs have appealed from the summary judgment in favor of defendant in their action for indemnity in the amount of $16,400.47.

From the allegations in plaintiffs' petition and the contents of the affidavit and exhibits in support of the motion for summary judgment, we find the following facts.

In September 1962, Drake-O'Meara & Associates (hereafter referred to as Drake-O'Meara) contracted with the Sisters of St. Joseph...

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