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UNIVERSAL C.I.T. CR. CORP. v. STATE FARM MUT. A. INS. CO.

Nos. 25934, 25955, 25963.

493 S.W.2d 385 (1973)

UNIVERSAL C.I.T. CREDIT CORPORATION, Plaintiff-Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant, and Donald L. SENSENICH, Defendant and Third-Party Plaintiff, Appellant-Respondent, v. JACK BANNING FORD SALES, INC., Third-Party Defendant and Fourth-Party Plaintiff-Appellant-Respondent, v. KANSAS CITY AUTOMOBILE AUCTION COMPANY, Fourth-Party Defendant-Appellant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied March 6, 1973.

Application to Transfer Denied May 14, 1973.

Attorney(s) appearing for the Case

Robert Devoy and Richard N. Brown, Brookfield, for appellant, Donald L. Sensenich.

Frederick Beihl, Sam L. Colville, Kansas City, for K. C. Auto Auction Co.

Before SHANGLER, C. J., PRITCHARD and WASSERSTROM, JJ., and LAURENCE SMITH, Special Judge.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 6, 1973.

WASSERSTROM, Judge.

This four-party litigation poses the always difficult question of which one of several innocent parties should bear the loss of stolen goods. The specific factual context in which that question arises here is undisputed.

Kansas City Automobile Auction Company is engaged in a business of conducting sales at auction on behalf of automobile dealers having surplus...

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