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TETER v. MORRIS

No. WD 32915.

650 S.W.2d 277 (1982)

James TETER and Carolyn Teter, Plaintiffs-Appellants, v. John F. MORRIS, Defendant-Respondent, v. TRANSPORT INDEMNITY COMPANY, Third Party Plaintiff-Respondent, v. The TRAVELERS INDEMNITY COMPANY, Third Party Defendant-Respondent.

Missouri Court of Appeals, Western District.

As Modified March 29, 1983.

Motion for Rehearing and/or Transfer Overruled and Denied April 20, 1983.

Application to Transfer Denied May 31, 1983.

Attorney(s) appearing for the Case

James H. McLarney and Robert R. Kiene of Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, for plaintiffs-appellants.

Neal E. Millert & Robert M. Sommers of James, Millert, Houdek, Tyrl & Sommers, Kansas City, for third party plaintiff-respondent Travelers Indemnity Co.

Before MANFORD, P.J., and WASSERSTROM and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied April 20, 1983.

MANFORD, Presiding Judge.

This appeal challenges the entry of a summary judgment. The judgment is affirmed.

Two points charge the trial court with error in granting summary judgment because (1) an indemnity release created a present obligation and (2) there existed a genuine issue of fact.

The source of this litigation was a serious vehicular accident...

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