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RHODES v. ROGERS

No. 13336.

675 S.W.2d 107 (1984)

Luther RHODES, Plaintiff-Appellant, v. Verlin ROGERS, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied August 22, 1984.

Application to Transfer Denied September 11, 1984.

Attorney(s) appearing for the Case

Richard D. Crites, Springfield, for plaintiff-appellant.

Kenneth H. Reid, Turner, Reid, Duncan, Loomer & Patton, Springfield, for defendant-respondent.

HOGAN, Judge.

In this case involving an industrial injury, plaintiff appeals from the entry of a summary judgment. We affirm.

This action was commenced in the Circuit Court of Douglas County. The averments of plaintiff's petition, slightly paraphrased, were: 1) That at all times material, defendant was a partner in an enterprise known as Rogers Brothers Tire Co.; 2) that Rogers Brothers Tire Co. was an "employer" within the scope and intent of § 287.030...

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