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SLACK v. ENGLERT

No. 42559.

617 S.W.2d 483 (1981)

Robert L. SLACK and Torrey D. Slack, an Infant, by Robert L. Slack, Next Friend, Plaintiffs-Appellants, v. Larry N. ENGLERT, Wilfrid A. Meyer, Howard A. Borcherding and Oren Borcherding, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied May 15, 1981.

Application to Transfer Denied July 14, 1981.

Attorney(s) appearing for the Case

C. Christy Barton, Barton & Waltz, Jefferson City, for plaintiffs-appellants.

Walter D. McQuie, Jr., Montgomery City, John E. Burruss, Hendren & Andrae, Jefferson City, David Oliver, Columbia, for defendants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 15, 1981.

DOWD, Judge.

This is an appeal from an order of dismissal entered by the Gasconade County Circuit Court which sustained defendants-respondents' motion to dismiss plaintiffs-appellants' wrongful death action for failure to commence the action within the applicable limitation period. We reverse and remand.

Plaintiffs-appellants are the surviving spouse and all of the minor children...

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