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CERTA v. ASSOCIATED BLDG. CENTER, INC.

No. 38073.

560 S.W.2d 593 (1977)

Nicole Ann CERTA et al., Plaintiffs-Respondents, v. ASSOCIATED BUILDING CENTER, INC., a Missouri Corporation, Defendant-Respondent, and Joseph Hamilton, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing and/or Transfer Denied January 18, 1978.

Application to Transfer Denied February 8, 1978.

Attorney(s) appearing for the Case

Carter, Bull, Baer, Presberg & Lee, Richard O. Funsch, St. Louis, for defendant-appellant.

Dallas Cox, Jr., St. Louis, for plaintiffs-respondents.

REINHARD, Judge.

Pursuant to § 537.080, RSMo. 1969, minor plaintiffs brought this wrongful death action against defendant Joseph Hamilton, William Hamilton, and Associated Building Center, Inc. (hereinafter Associated). At the close of the evidence plaintiffs dismissed as to William Hamilton. A jury found in favor of defendant Associated, but in favor of plaintiffs on their claim against defendant Joseph Hamilton. Plaintiffs' damages were assessed at $50,000...

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