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CORWIN v. McMURTREY

No. 45312.

664 S.W.2d 22 (1984)

Sheldon B. CORWIN and Mary L. Frame, Plaintiffs-Appellants, v. William McMURTREY and Diane McMurtrey, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

January 10, 1984.

Attorney(s) appearing for the Case

John H. Lamming, J.B. Carter, Clayton, for plaintiffs-appellants.

David C. Welsch, Burton M. Greenberg, St. Louis, for defendants-respondents.

KELLY, Judge.

Sheldon Corwin and Mary L. Frame1 appeal from an Order of the Circuit Court of Lincoln County granting the respondents, William McMurtrey and Diane McMurtrey, a Summary Judgment pursuant to a Motion for Summary Judgment filed by the McMurtreys as authorized by Rule 74.04, in a civil action based upon breach of contract. For reasons hereinafter stated we reverse and remand to the trial court for further proceedings.

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