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PECAN SHOPPE, ETC. v. TRI-STATE MOTOR TRANSIT CO.

No. 10293.

573 S.W.2d 431 (1978)

PECAN SHOPPE OF SPRINGFIELD, MISSOURI, INC., Plaintiff-Appellant, v. TRI-STATE MOTOR TRANSIT CO., Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied November 3, 1978.

Application to Transfer Denied December 18, 1978.

Attorney(s) appearing for the Case

Bob J. Keeter, Schroff, Keeter, Glass & Newberry, P. C., Springfield, for plaintiff-appellant.

Meredith B. Turner, Rodney E. Loomer, Turner, Reid & Duncan, Springfield, Robert G. Oberlander, Linde, Thompson, Fairchild, Langworthy & Kohn, Kansas City, for defendant-respondent.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

FLANIGAN, Judge.

Defendant Tri-State Motor Transit Co. is a motor carrier licensed by the state of Missouri and the Department of Transportation. On September 14, 1970, the union employees of Tri-State went on strike. In the early morning hours of September 30, 1970, a tractor-trailer unit, owned by Tri-State and driven by its non-striking employee John A. Galt, was transporting a load of dynamite, for shipper DuPont Company, from Joplin, Missouri, to a mining site...

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