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LIETZ v. SNYDER MANUFACTURING COMPANY

No. 55438.

475 S.W.2d 105 (1972)

Kenneth Gary LIETZ, a Minor, by F. Ken Lietz, Next Friend, Appellant, v. SNYDER MANUFACTURING COMPANY, a Corporation, and Central Hardware Company, a Corporation, Respondents.

Supreme Court of Missouri, Division No. 1.

January 10, 1972.

Attorney(s) appearing for the Case

Sommers & Montrey, James P. Holloran, St. Louis, for appellant.

R. E. Keaney, Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, St. Louis, for respondent Synder Mfg. Co.

Louis W. Riethmann, Thomas E. Fitzgibbons, St. Louis, for respondent Central Hardware Co.

HOUSER, Commissioner.

Kenneth Gary Lietz, pro ami, sued the manufacturer, Snyder Manufacturing Company, and the retailer, Central Hardware Company, for $65,000 damages for personal injuries sustained while using a gym bar. Following a verdict for both defendants plaintiff appealed, raising three procedural points.

The petition alleged that defendants impliedly warranted the gym bar to be fit and safe for the purposes for which it was intended when used in...

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