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STATE EX REL. C.J. PATTERSON CO. v. BACON

No. 11425.

589 S.W.2d 113 (1979)

STATE of Missouri ex rel. C. J. PATTERSON COMPANY, Relator, v. The Honorable Max E. BACON, Judge of the Circuit Court of Greene County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, En Banc.

October 16, 1979.

Attorney(s) appearing for the Case

William W. Francis, Jr., Miller, Sanford, Joyner, Westbrooke & Charles, Springfield, for relator.

Bob J. Keeter, Schroff, Keeter, Glass & Newberry, Kenneth H. Reid, Turner, Reid, Duncan & Loomer, Springfield, for respondent.

PREWITT, Judge.

Relator was, or had been, the employer of a plaintiff in a personal injury action pending before respondent. The record indicates that the plaintiff was injured while in the course of his employment and received workmen's compensation benefits. Defendants, in that action, caused relator to be served with a third-party petition seeking an apportionment of fault or indemnity on the basis of the holding in Missouri Pacific Railroad Company v. Whitehead...

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