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WILBUR WAGGONER EQUIPMENT v. CLARK EQUIPMENT

No. 47027.

668 S.W.2d 601 (1984)

WILBUR WAGGONER EQUIPMENT AND EXCAVATING COMPANY, Appellant, v. CLARK EQUIPMENT COMPANY, and Machinery, Inc., Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

March 27, 1984.

Attorney(s) appearing for the Case

Edward C. Cody, St. Louis, for appellant.

Michael B. McKinnis, St. Louis, for respondent Clark.

James E. Whaley, St. Louis, for respondent Machinery.

REINHARD, Judge.

Plaintiff appeals from the trial court's order granting defendants' motion for judgment on the pleadings.

Plaintiff filed its initial petition in November, 1981. In its second amended petition, plaintiff alleged that on or about March 8, 1974, it purchased from defendant, Machinery, Inc., a crane manufactured by defendant, Clark Equipment Co. It further alleged that on or about April 16, 1974, after delivery of said equipment, certain design...

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