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ABBATE v. TORTOLANO

No. WD 41840.

782 S.W.2d 810 (1990)

Pete J. ABBATE, et al., Appellants, v. Anthony TORTOLANO, et al., Respondents.

Missouri Court of Appeals, Western District.

January 16, 1990.

Attorney(s) appearing for the Case

Rhonda S. Loeppke, Lee's Summit, for appellants.

Jeffrey Alan Burns, Kansas City, for respondents.

Before NUGENT, C.J., FENNER, J., and SOLBERT M. WASSERSTROM, Senior Judge.

FENNER, Judge.

The appellants herein are Peter J. Abbate and his wife Mary Abbate. This appeal arises from rulings by the trial court that appellants' action against Respondent Warfield Electric Company is barred by the applicable statute of limitations, § 516.120, RSMo 1986, and that appellants failed to comply with the requirements regarding substitution of a defendant following a filing of suggestion of death, Rule 52.13(a)(1), and failed to obtain personal...

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