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SCHULTZ v. MURPHY

No. 41158.

596 S.W.2d 51 (1980)

Thomas SCHULTZ, by and through his next friend, Mary Schultz, Mary Schultz, and John Schultz, Jr., Plaintiffs, v. Harold MURPHY, Defendant-Respondent, and British Leyland Motors, Inc., Defendant, and Charles Schmitt Rolls-Royce, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing or Transfer Denied March 14, 1980.

Application to Transfer Denied April 8, 1980.

Attorney(s) appearing for the Case

Theodore F. Schwartz, Clayton, John M. Goodwin, William W. Evans, St. Louis, for defendant-appellant.

Robert F. Ritter, St. Louis, Murray A. Marks, Clayton, for defendant-respondent.

Motion for Rehearing or Transfer to Supreme Court Denied March 14, 1980.

DOWD, Judge.

This appeal is from the trial court's summary judgment upon a cross-claim, designated as final and appealable pursuant to Rule 81.06.

Appellant and respondent are co-defendants in a negligence action brought by the Schultzes arising from an automobile accident on April 24, 1976. Respondent was the driver of a vehicle which the Schultzes claim collided with the rear...

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