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COUNTS v. MORRISON-KNUDSEN, INC.

No. 13189.

663 S.W.2d 357 (1983)

James COUNTS and Ernestine Counts, Plaintiffs-Appellants, v. MORRISON-KNUDSEN, INC., a corporation, Egizii-Rite Electrical Contractors, a joint venture, Allen-Sherman-Hoff, a division of Ecolaire, a corporation, United Conveyors Corporation, a corporation, and Burns and McDonnell Engineering Company, Inc., a corporation, Defendants, and CITY OF SIKESTON, a municipal corporation, Defendant-Respondent and Third Party Plaintiff, v. The BABCOCK & WILCOX COMPANY, Third Party Defendant and Intervenor, and The Travelers Indemnity Company, Intervenor.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing or to Transfer Denied January 4, 1984.

Application to Transfer Denied February 15, 1984.

Attorney(s) appearing for the Case

Lloyd G. Briggs, Sr., Briggs & Briggs, Sikeston, for plaintiffs-appellants.

Manuel Drumm, Sikeston, Albert C. Lowes, Buerkle, Lowes, Beeson & Ludwig, Jackson, for City of Sikeston.

FLANIGAN, Judge.

Plaintiffs James Counts and Ernestine Counts, husband and wife, brought this action against six defendants, including the City of Sikeston, a municipal corporation. Five business corporations are the other defendants. The city filed a motion to dismiss on the ground that the [second amended] petition failed to state a claim upon which relief can be granted against the city. The trial court sustained the motion, dismissed the action with respect to...

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