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DESKIN v. BREWER

Nos. 10038, 10039.

590 S.W.2d 392 (1979)

Laney M. DESKIN and Howard A. Deskin, Plaintiffs-Respondents, v. Susan Dee BREWER, Defendant-Appellant, and Jeanne Y. Elayer, a Minor, Defendant. Laney M. DESKIN and Howard A. Deskin, Plaintiffs-Respondents, v. Susan Dee BREWER, Defendant, and Jeanne Y. Elayer, a Minor, By and Through Her Next Friend, Kenneth Elayer, Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

Rehearing Denied November 19, 1979.

Attorney(s) appearing for the Case

Harold J. Fisher, David W. Ansley, Woolsey, Fisher, Clark, Whiteaker & Stenger, Springfield, for defendant-appellant Susan Dee Brewer.

Gerald H. Fowther, C. Ronald Baird, Lowther, Johnson, Franks & Baird, Springfield, for defendant-appellant Jeanne Y. Elayer.

Jerry L. Reynolds, Donald E. Bonacker, Bonacker & Reynolds, Springfield, for plaintiffs-respondents.

PER CURIAM.

These appeals were argued and submitted in this court at its June 1978 session. An opinion was thereafter prepared and adopted, but was set aside and withdrawn upon plaintiffs' motion for rehearing. After this court was fully constituted, the appeal was again argued and submitted to the whole court. Parts of the divisional opinion have been adopted and are incorporated herein without the use of quotation marks.

The action is an action for damages...

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