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KENDALL v. SEARS, ROEBUCK AND CO.

No. 63086.

634 S.W.2d 176 (1982)

Justin Cole KENDALL, a Minor, by his Next Friend, Timothy L. Brake, and James Kendall and Linda Kendall, Respondents, v. SEARS, ROEBUCK AND CO., and Roper Corporation, Appellants.

Supreme Court of Missouri, En Banc.

June 8, 1982.

Attorney(s) appearing for the Case

Joseph E. Stevens, Jr., William Ray Price, Jr., Kansas City, for appellants; Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, of counsel.

Morris & Foust, Max W. Foust, E. Wayne Taff, Kansas City, for Justin Cole Kendall.

Lantz Welch, P. C., Timothy L. Brake, Kansas City, for next friend.

Deacy & Deacy, Spencer J. Brown and Phillip B. Grubaugh, Kansas City, for respondents.

MORGAN, Judge.

This appeal involves a judgment1 in the form of an order sustaining respondents' (plaintiffs') pretrial motions to dismiss appellants' (defendants') counterclaims and overruling appellants' pretrial motion to disqualify respondents' counsel.

A bare recital of the facts should be adequate. This suit was instituted in May of 1978, alleging that a minor, Justin Cole Kendall, was injured by a lawnmower manufactured by...

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