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WALLACE v. PORTER DeWITT CONSTRUCTION COMPANY

No. 9117.

476 S.W.2d 129 (1971)

Joyce Evans WALLACE and Timothy Kent Wallace, a Minor, Claimants-Respondents, v. PORTER DeWITT CONSTRUCTION COMPANY, Employer-Appellant, and Liberty Mutual Insurance Company, Insurer-Appellant.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied January 12, 1972.

Application to Transfer Denied March 13, 1972.

Attorney(s) appearing for the Case

Robert G. Burridge, Anderson, Gilbert, Wolfort, Allen & Bierman, St. Louis, for claimants-respondents.

Louis W. Riethmann, Thomas E. Fitzgibbons, St. Louis, for appellants.

Motion for Rehearing or to Transfer to the Supreme Court Denied January 12, 1972.

TITUS, Presiding Judge.

James Wallace, an employee of Ross Oil Company (Ross), was fatally injured when the tank truck he was driving overturned after striking a gravel pile on Highway 34 in Wayne County. At the time of the casualty, the highway was closed to the public and was in the throes of construction by Porter DeWitt Construction...

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