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RUFF v. INTERSTATE BOOK MFRS., INC.

No. KCD 28189.

545 S.W.2d 420 (1976)

Nelson R. RUFF, Respondent, v. INTERSTATE BOOK MANUFACTURERS, INC., Appellant.

Missouri Court of Appeals, Kansas City District.

December 27, 1976.

Attorney(s) appearing for the Case

Robert L. Driscoll, Kansas City, for appellant; Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, of counsel.

Roger M. Phillips, Kansas City, for respondent; Shapiro, Polsinelli, Schulte, Wehrman & Welte, P. C., Kansas City, of counsel.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.

PRITCHARD, Chief Judge.

Upon Count III of his petition for damages for breach of contract, plaintiff filed a motion for summary judgment which was granted him in the amount of $13,429.16 and interest in the amount of $1,243.54. The issue is whether plaintiff has shown by unassailable proof that he was entitled to summary judgment as a matter of law. Rule 74.04(h); Whited v. National Western Life Ins. Co., 526 S.W.2d 364,...

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