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PHILLIPS v. ATLANTIC RICHFIELD CO., INC.

No. KCD 30571.

605 S.W.2d 139 (1979)

Charles PHILLIPS, et ux., Plaintiffs-Appellants, v. ATLANTIC RICHFIELD COMPANY, INC., Defendant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 31, 1979.

Attorney(s) appearing for the Case

Walter J. O'Tolle, Jr., James M. Thompson, Kansas City, for plaintiffs-appellants.

Lee E. Wells, Phillip S. Smith, Kansas City, for defendant-respondent.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

TURNAGE, Judge.

Charles Phillips and his wife, Loreda, filed suit against Atlantic Richfield for injuries received by Charles when a hoist in the service station he leased from Atlantic Richfield fell on him. The court entered summary judgment in favor of Atlantic Richfield and Phillips appeals.

Phillips contends the court erred in granting summary judgment because there was a genuine issue of fact as to the validity of the exoneration clause in the lease...

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