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KOIRTYOHANN v. WASHINGTON PLUMBING & HEATING CO.

No. 54805.

471 S.W.2d 217 (1971)

Bernice K. KOIRTYOHANN, Surviving Spouse of Wm. L. Koirtyohann, Deceased, Plaintiff-Respondent, v. WASHINGTON PLUMBING AND HEATING COMPANY, a Corporation, and Henry O. Hoemeyer, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied October 11, 1971.

Modified on Motion October 11, 1971.

Attorney(s) appearing for the Case

Fred B. Whalen, Whalen, O'Connor & Byrne, St. Louis, Leo A. Politte, Washington, for plaintiff-respondent.

R. E. Keaney, Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, John H. Mittendorf, Union, for defendants-appellants.

Modified on Court's Own Motion October 11, 1971.

FINCH, Judge.

This case, written on reassignment, involves the question of whether plaintiff made a submissible case and whether the contributory negligence and converse instructions given on behalf of the two defendants were prejudicially erroneous as not being in conformity with the requirements of Missouri Approved Instructions (MAI).

The surviving spouse of Wm. L. Koirtyohann brought an action for...

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