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McCLURE v. McINTOSH

No. 54391.

770 S.W.2d 406 (1989)

Billy McCLURE, et al., Plaintiffs/Appellants, v. Wilbert McINTOSH, et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied May 9, 1989.

Application to Transfer Denied June 13, 1989.

Attorney(s) appearing for the Case

Martin, Bahn, Malec and Cervantes, Leonard P. Cervantes, St. Louis, for plaintiffs/appellants.

Brown, James & Rabbitt, P.C., Daniel T. Rabbitt, T. Michael Ward, St. Louis, for defendants/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 9, 1989.

KAROHL, Judge.

Plaintiffs, Billy and Effie McClure, appeal from orders in favor of Jefferson Arms Corporation granting directed verdict on Count I which was tried on the theory of agency liability and judgment notwithstanding the verdict on Count II which was submitted on the theory of dram shop liability. Richard McClure, the son of Billy and Effie McClure, was killed when struck by...

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