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INTERN. HARVESTER CO. v. MAHACEK

No. 48911.

705 S.W.2d 603 (1986)

INTERNATIONAL HARVESTER CO., Plaintiff/Respondent, v. Donald MAHACEK, D.E.M. Truck Service, Inc., Defendants/Appellants.

Missouri Court of Appeals, Eastern District.

Motion for Rehearing and/or Transfer Denied March 4, 1986.

Attorney(s) appearing for the Case

James M. Martin, Martin, Bahn & Cervantes, St. Louis, for defendants/appellants.

Thomas M. Walsh, Suelthaus, Kaplan, Cunningham, Yates, Fitzsimmons & Wright, P.C., St. Louis, for plaintiff/respondent.

CRIST, Judge.

Respondent International Harvester Co. (IH) brought this action on account claiming charges for labor and materials furnished while performing certain repairs to appellant's (trucker's) truck. Trucker counterclaimed, seeking damages for wrongful detention of the truck. The cause was tried to a jury, which found against IH on its action on account, and for trucker on his counterclaim in the amount of $16,500. Upon a motion for new trial or in the alternative...

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