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ERSLON v. CUSUMANO

No. 48591.

691 S.W.2d 310 (1985)

George ERSLON, et al., Plaintiffs-Appellants, v. Frank CUSUMANO, Defendant, and Vee-Jay Cement Contracting, and Maryland Casualty Company, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied May 17, 1985.

Attorney(s) appearing for the Case

Jess W. Ullom, Clayton, for plaintiffs-appellants.

Ben Ely, Jr., St. Louis, for defendants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 17, 1985.

GAERTNER, Judge.

Plaintiffs appeal from an order sustaining the motion of two of three defendants to dismiss for failure to state a cause of action. We dismiss the appeal as premature.

Plaintiffs are the trustees of the Cement Masons Local 527 Health and Welfare Fund and General American Life Insurance Company, the insurer for the union fund. Defendants are Frank J. Cusumano...

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