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PORTER v. CRAWFORD & CO.

No. WD31205.

611 S.W.2d 265 (1980)

Roger PORTER, Plaintiff-Appellant, v. CRAWFORD & COMPANY, Defendant-Third Party Plaintiff-Respondent, and CARRIERS INSURANCE COMPANY, Defendant-Third Party Plaintiff-Respondent, v. NATIONAL BANK IN NORTH KANSAS CITY, Third Party Defendant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 2, 1981.

Application to Transfer Denied March 9, 1981.

Attorney(s) appearing for the Case

Robert Ernest Gould, Gould & Moore, Kansas City, for plaintiff-appellant.

John L. Hayob, Niewald, Risjord & Waldeck, Kansas City, for Crawford & Co.

Phillip S. Smith, Jr., Merrick, Beamer, Wells & Slagg, Kansas City, for Carriers Ins. Co.

S. Preston Williams, and Thomas E. Barzee, Jr., North Kansas City, for National Bank.

Before WASSERSTROM, C. J., and DIXON and SOMERVILLE, JJ.

DIXON, Judge.

Plaintiff appeals from an order of the trial court sustaining motions to dismiss both counts of plaintiff's action with the collateral effect of the dismissal of the cross-claims against the third party defendant pleaded by defendants under the doctrine of Missouri Pacific Railroad Company v. Whitehead and Kales Co., 566 S.W.2d 466 (Mo.banc 1978).

The principal issue to be resolved is whether or not...

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