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SUNSHINE REALTY CORP. v. KILLIAN

No. 13581.

702 S.W.2d 95 (1985)

SUNSHINE REALTY CORPORATION, d/b/a Charles C. Meek Lumber Company, a Corporation, Plaintiff, v. Robert G. KILLIAN and Joseph Killian, d/b/a Queen City Car Wash, and James Wade, Defendants-Respondents, and UNION L.P. GAS SYSTEMS, INC., a Corporation, Defendant and Third-Party Plaintiff-Appellant, v. Betty J. KILLIAN, Third-Party Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied November 14, 1985.

Application to Transfer Denied December 17, 1985.

Attorney(s) appearing for the Case

Richard E. Dorr, Springfield, for defendant and third-party plaintiff-appellant.

Warren S. Stafford, Taylor, Stafford & Woody, Springfield, for defendant-respondent James Wade.

Glenn A. Burkart, Bruce E. Hunt, Mann, Walter, Burkart, Weathers & Walter, Springfield, for Defendants-Respondents/Third-party Defendant-Respondent Killian.

Charles C. Shafer, Jr., Charles C. Shafer, III, Kansas City, for defendants-respondents/Cross-claimants Betty and Robert Killian.

Motion for Rehearing or Transfer to Supreme Court Denied November 14, 1985.

FLANIGAN, Judge.

On February 18, 1981, Union L.P. Gas Systems, Inc., ("Union Gas"), converted the engine of a pickup truck owned by James Wade so that the driver could use either propane gas or gasoline as its fuel. On February 28, 1981, Wade drove the truck to a car wash in Springfield. The car wash was owned and operated by a partnership

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