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TURKEN PLUMBING CO., INC. v. SEVEN TRAILS WEST CO.

No. 34806.

506 S.W.2d 65 (1974)

TURKEN PLUMBING COMPANY, INC., a corporation, Plaintiff-Respondent, v. SEVEN TRAILS WEST COMPANY, a Limited Partnership, Consisting of Ballwin Investment Company, a Corporation, General Partner, et al., Defendants-Appellants.

Missouri Court of Appeals, St. Louis District.

Rehearing Denied February 11, 1974.

Attorney(s) appearing for the Case

Susman, Stern, Agatstein & Heifetz, Clayton, for defendants-appellants.

Newell S. Ferry, William R. Hirsch, Clayton, for plaintiff-respondent.

PER CURIAM.

Appellants' motion for a new trial was denied on July 13, 1972. The notice of appeal was filed on July 21, 1972. On December 21, 1972, 153 days after that filing, the trial court issued a "nunc pro tunc order" granting appellants an additional 90 days to file their transcript on appeal. That order fails to indicate a finding of excusable neglect and appears to have been issued ex parte. Appellants filed the transcript on January 15, 1973. On January 31...

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