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  5. 714 S.W.2d 597 (1986)
 

HOLIDAY INNS, INC. v. THIRTEEN-FIFTY INV.

No. WD 36698.

714 S.W.2d 597 (1986)

HOLIDAY INNS, INC., Third Party Defendant-Appellant, v. THIRTEEN-FIFTY INVESTMENT CO., Third Party Plaintiff-Respondent, and John Bourguignon and Cynthia Bourguignon, Plaintiffs-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 26, 1986.

Application to Transfer Denied September 16, 1986.

Attorney(s) appearing for the Case

Paul H. Niewald, Kansas City, for third party defendant-appellant.

Larry L. McMullen, Kansas City, for third party plaintiff-respondent.

Before LOWENSTEIN, P.J., and TURNAGE and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 26, 1986.

BERREY, Judge.

This is an appeal by Holiday Inns, Inc., from a judgment rendered on the verdict in favor of Thirteen-Fifty on a contractual indemnity claim. This court reverses.

On the night of June 27, 1977, John Bourguignon, a Staff Sergeant in the United States Air Force, after having gone to a cocktail party, decided to go swimming in the pool at the Holiday Inn Motel in...

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