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BARGEON v. PERISHABLE DISTRIBUTING COMPANY

No. 55300.

465 S.W.2d 571 (1971)

Wanda BARGEON and Pamela Bargeon, a Minor, Plaintiffs-Appellants, v. PERISHABLE DISTRIBUTING COMPANY and Western Casualty & Surety Company, Defendants-Appellants, and John B. Morrell & Company and Liberty Mutual Insurance Company, Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

April 12, 1971.

Attorney(s) appearing for the Case

Floyd McBride, Paul J. Simon, St. Louis, Attorneys for plaintiffs-appellants.

Robert R. Schwarz, Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, for Perishable Distributing Co. and Western Casualty & Surety Co.

Evans & Dixon, John R. Dixon, St. Louis, for John B. Morrell & Co. and Liberty Mutual Ins. Co.

WELBORN, Commissioner.

This is another of the frequently encountered cases involving the status, for purposes of Workmen's Compensation liability, of a truck driver whose employment related to more than one potential employer. The driver, Patrick J. Bargeon, was a general employee of Perishable Distributing Company. At the time of the accident which resulted in his death, he was delivering meat of John B. Morrell & Company, driving a truck leased to Morrell by...

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