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MAURER v. WERNER

No. 53405.

748 S.W.2d 839 (1988)

Lawrence MAURER, Plaintiff-Appellant, v. Michael E. WERNER, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Denied April 6, 1988.

Application to Transfer Denied May 17, 1988.

Attorney(s) appearing for the Case

Anthony S. Bruning, St. Louis, for plaintiff-appellant.

David R. Bohm, Asst. City Counselor, St. Louis, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 6, 1988.

REINHARD, Judge.

Plaintiff appeals from an order of the court dismissing his case based upon an oral motion of defendant during trial. This is the second attempt to appeal this case. See Maurer v. Clark, 727 S.W.2d 210 (Mo. App.1987). We reverse and remand.

Plaintiff, a subcontractor, supplied labor and equipment to a contractor for...

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