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RABON v. MICHIGAN MUT. INS. CO.

No. 46273.

654 S.W.2d 648 (1983)

Larry Gene RABON, Plaintiff, Tina Louise Eifert, Third-Party Plaintiff, Appellant, v. MICHIGAN MUTUAL INSURANCE CO., Third-Party Defendant, Respondent, and Automobile Club Inter-Insurance Exchange, Third-Party Defendant, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

June 28, 1983.

Attorney(s) appearing for the Case

Robert E. Rapp, Clayton, for third-party plaintiff, appellant.

Vincent J. Tissi, St. Louis, for third-party defendant, respondent.

DOWD, Judge.

This is an appeal from the dismissal with prejudice of appellant's amended third party petition.

The facts are undisputed. Plaintiff sued appellant seeking recovery for property damage from a vehicular accident. Appellant then filed third party claims against respondents Michigan Mutual Insurance Co. (hereinafter Michigan Mutual) and Automobile Club Inter-Insurance Exchange (hereinafter ACI). Count I against Michigan Mutual alleged that: at the...

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