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McCOY v. LEMONS

No. 56732.

794 S.W.2d 339 (1990)

Alberta McCOY, Plaintiff-Respondent, v. Albert and Patricia LEMONS, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

August 21, 1990.

Attorney(s) appearing for the Case

Albert and Patricia Lemons, Florissant, pro se.

Alvin A. Wolff, Jr., Richard A. Faulstich, Weber & Wolff, St. Louis, for plaintiff-respondent.

Reed Waller Sugg, Sandburg, Phoenix & Von Gontard, P.C., St. Louis, for third party-defendant.

MEMORANDUM

PER CURIAM.

Defendants appeal from a judgment against them of $135,000 recovered by plaintiff, a tenant of defendants, who was injured when she fell from a balcony because defendants had failed to replace a handrail destroyed in a storm. In their brief defendants also seek to challenge the trial courts dismissal of their third party petition against Terra Nova Insurance Company. Their theory against Terra Nova was that its delay in payment of...

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