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DONALD v. HOME SERVICE OIL COMPANY

No. 58525.

513 S.W.2d 426 (1974)

Howard DONALD, Plaintiff, v. HOME SERVICE OIL COMPANY, a corporation, Defendant, Cross-Defendant-Respondent, and C.E.S. Truck Lines, Inc., a corporation, Defendant, Cross-Claimant-Appellant.

Supreme Court of Missouri, En Banc.

September 9, 1974.

Attorney(s) appearing for the Case

A. G. Holtkamp, Gilbert N. Beckemeier, St. Louis, for respondent.

Louis A. Robertson, Robertson, Ely & Wieland, F. X. Cleary, J. C. Jaeckel, St. Louis, for appellant.

SEILER, Judge.

This case is here on transfer under Art. V, Sec. 10, 1945 Missouri Constitution, V.A.M.S., upon certification by a judge of the court of appeals, St. Louis district, that the majority opinion filed in that court is contrary to the decision of this court in Crystal Tire Company v. Home Service Oil Company and C.E.S. Truck Lines, Inc., 465 S.W.2d 531, 533 (Mo.1971). Under the constitutional provisions, we decide the...

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