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MECHANIC'S TOOL SALES, INC. v. FEDERATED MUT. INS. CO.

Nos. KCD 29207 and 29248.

564 S.W.2d 557 (1978)

MECHANIC'S TOOL SALES, INC., Plaintiff-Respondent-Appellant, v. FEDERATED MUTUAL INSURANCE COMPANY, Defendant-Appellant-Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied April 3, 1978.

Attorney(s) appearing for the Case

Carson, Monaco, Coil & Riley, P. C., Ronald R. McMillin, Jefferson City, for Mechanic's Tool Sales, Inc.

Hendren & Andrae, Kelly Pool, Jefferson City, for Federated Mut. Ins. Co.

Before WELBORN, Special Judge Presiding, and PRITCHARD, J., and HIGGINS, Special Judge.

ANDREW JACKSON HIGGINS, Special Judge.

Action on insurance policy by Mechanic's Tool Sales, Inc., to recover damages for loss of property by theft and 10% additional damages for vexatious delay and for attorney's fees. Judgment following trial to the court was for plaintiff for $7,000 damages for loss of property.

Appeal (29,207) by Federated Mutual Insurance Company contending: (I) Plaintiff's loss occurred while the property was

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