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  5. 558 S.W.2d 220 (1977)
 

LAYMAN v. UNIROYAL, INC.

Nos. KCD 27551, 27577 and 28170.

558 S.W.2d 220 (1977)

Donald LAYMAN and Diane Layman, Plaintiffs, v. UNIROYAL, INC., Appellant, Third Party Plaintiff, and Cross-Claimant, and Shore Tire Company, Defendant, and Fowler Truck & Tractor Co., Respondent, Defendant, and Cross-Claim Defendant, and International Harvester Company, Respondent, and Third Party Defendant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied October 12, 1977.

Application to Transfer Denied November 14, 1977.

Attorney(s) appearing for the Case

Thomas J. Wheatley, William C. Hopkins II, Gary S. Dyer, Kansas City, for appellant Uniroyal, Inc.

Robert G. Oberlander, Royce J. Estes, Kansas City, for respondent Fowler Truck & Tractor Co.

Truman K. Eldridge, Jr., Christopher J. Anderson, Kansas City, for respondent International Harvester Co.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.

SWOFFORD, Judge.

This is an appeal from an order of the court below dismissing the third party petition of the defendant Uniroyal, Inc. (Uniroyal) filed against International Harvester Company (International) and the cross-claim of Uniroyal filed against defendant Fowler Truck & Tractor Co. (Fowler) for failure to state claims upon which relief could be granted. After two appeals were lodged in this court purporting to appeal from such order of dismissal, the...

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