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SMITH v. MORGAN DRIVE AWAY, INC.

No. 41122.

613 S.W.2d 469 (1981)

Walter C. SMITH and Virginia Smith, his wife, Plaintiffs-Respondents, v. MORGAN DRIVE AWAY, INC., Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

March 10, 1981.

Attorney(s) appearing for the Case

Roberts, Roberts & Rohrer, Clinton B. Roberts, Farmington, for defendant-appellant.

David L. Colson, James G. Freer, Farmington, for plaintiffs-respondents.

SMITH, Presiding Judge.

This case reaches the writer on reassignment. Defendant appeals from a judgment entered in a court-tried case awarding plaintiffs $7500 damages and denying defendant relief on its counterclaim.

In 1972, plaintiffs were the owners of a mobile home located in Florida. They desired to move the mobile home to Farmington, Missouri, and hired defendant for that purpose. Defendant is a common carrier regulated by the Interstate Commerce Commission...

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