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STEPHENSON v. McCLURE

No. 11458.

606 S.W.2d 208 (1980)

Kimberly STEPHENSON, by the Lawful Guardian of the Person and Estate of Kimberly Stephenson, Bert Parrack, Plaintiff, v. Thomas E. McCLURE, Defendant-Appellant, and Della Louise Killian, Administratrix of the Estate of Fred T. Killian, Deceased, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and for Transfer Denied September 26, 1980.

Application to Transfer Denied November 12, 1980.

Attorney(s) appearing for the Case

Gary R. Cunningham, Charles F. Kiefer, Jr., Daniel, Clampett, Rittershouse, Dalton & Powell, Springfield, for defendant-appellant.

Kenneth H. Reid, Rodney E. Loomer, Turner, Reid, Duncan & Loomer, Springfield, for defendant-respondent.

Appellant's Motion for Rehearing and for Transfer Denied September 26, 1980.

MAUS, Judge.

In this personal injury action one defendant (the appellant) settled with the minor plaintiff taking a general release. By his first amended cross-claim, the appellant seeks to recover from the other defendant (the respondent) all or part of the amount paid by the appellant as consideration for the release. The trial court sustained the respondent's motion to dismiss...

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