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DULANY v. MISSOURI PACIFIC R. CO.

No. WD 39844.

766 S.W.2d 645 (1988)

James E. DULANY, Jr., and Marinelle Dulany, Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, and Missouri State Highway and Transportation Department, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 28, 1989.

Application to Transfer Denied April 18, 1989.

Attorney(s) appearing for the Case

G. Spencer Miller, Lynne J. Bratcher (argued), Kansas City, for appellants.

Richard L. Martin, Kansas City, for Missouri Pacific RR.

Rich Tiemeyer, Earl Schrader, Jr. and Thomas W. Rynard (argued), Kansas City, for Missouri Highway and Transp. Com'n.

Before NUGENT, P.J., and SHANGLER and TURNAGE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 28, 1989.

NUGENT, Presiding Judge.

Plaintiffs James E. and Marinelle Dulany appeal from the trial court's decisions granting summary judgment to the defendant Missouri State Highway and Transportation Department and granting defendant Missouri Pacific Railroad's motion to dismiss.

We reverse in part and affirm in part.

In July, 1977, plaintiffs James E. and Marinelle Dulany...

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