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  5. 579 S.W.2d 751 (1979)
 

FALLERT TOOL & ENGINEERING CO. v. McCLAIN

Nos. 39013, 39029.

579 S.W.2d 751 (1979)

FALLERT TOOL & ENGINEERING COMPANY, INC., Plaintiff-Respondent-Appellant, v. Eugene F. McCLAIN and Jacqueline E. McClain, Defendants-Third Party Plaintiffs-Appellants-Respondents, v. Charles B. FALLERT and Catherine E. Fallert, Third Party Defendants-Respondents-Appellants.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 13, 1979.

Application to Transfer Denied May 17, 1979.

Attorney(s) appearing for the Case

Frank N. Gundlach, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, for plaintiff-respondent and appellant on defendant's second counterclaim.

William R. Kirby, St. Louis, for defendants-appellants on appeal.

Paul Taub, St. Louis, for defendant-third party plaintiffs-appellants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 13, 1979.

SNYDER, Presiding Judge.

This is a fraud action brought by Fallert Tool and Engineering Company, Inc. (Fallert Tool), a corporation, against Eugene F. McClain and Jacqueline E. McClain, defendants. The dispute arises out of the sale of a machine shop business by the McClains to Fallert Tool. Fallert Tool's petition contains two counts, the first for fraud and misrepresentation and...

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