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BARNES v. METROPOLITAN LIFE INS. CO.

No. 42835.

612 S.W.2d 786 (1981)

Eleanor BARNES et al., Appellants, v. METROPOLITAN LIFE INSURANCE CO. et al., Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

January 13, 1981.

Attorney(s) appearing for the Case

David R. Hess, Clayton, for appellants.

P. Terence Crebs, Gregory J. Christoffel, St. Louis, for respondents.

REINHARD, Judge.

Plaintiffs appeal following the trial court's order sustaining defendants' motion to dismiss plaintiffs' first amended petition.

In the first amended petition, plaintiff Eleanor Barnes, suing in Count I as an individual and in Count II as administratrix of the estate of James Q. Barnes, brought suit against defendant Melvin Uthoff and defendant Metropolitan Life Insurance Co.

Count I of the petition alleged that in 1973 or 1974, "defendant...

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