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THOMAS W. GARLAND, INCORPORATED v. RUBIN

No. 34488.

493 S.W.2d 74 (1973)

THOMAS W. GARLAND, INCORPORATED, a corporation, Appellant, v. Harry RUBIN et al., Respondents.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or to Transfer Denied February 13, 1973.

Application to Transfer Denied April 9, 1973.

Attorney(s) appearing for the Case

Rassieur, Long, Yawitz & Schneider, by Richard A. Stockenberg and Allen A. Yoder, St. Louis, for plaintiff-appellant.

Bryan, Cave, McPheeters & McRoberts, by Joseph H. Grand, Charles A. Weiss and Andrew S. Love, Jr., St. Louis, for respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied February 13, 1973.

CLEMENS, Judge.

This appeal concerns a dispute between plaintiff-appellant tenant (hereafter Garland) and defendant-respondent owners (hereafter Rubin). They differ about who should pay the $26,656 cost of repairing the terra cotta facing of a five-story building owned by Rubin and leased to Garland since 1941. Each party prays for a declaratory judgment that the other is liable...

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