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FIRST BAPTIST CHURCH OF JEFFERSON CITY v. BYBEE CHURCH ORGANS

No. 56899.

789 S.W.2d 829 (1990)

FIRST BAPTIST CHURCH OF JEFFERSON CITY, Missouri, Plaintiff/Appellant, v. BYBEE CHURCH ORGANS, United H.R.B. General Contractors, Inc., Richard A. Howerton, Inc. and Gale A. Hill & Associates, Inc., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Rehearing Denied May 30, 1990.

Attorney(s) appearing for the Case

Moser, Marsalek, Carpenter, Cleary, Jaeckel & Keaney, F. Douglas O'Leary & Thomas J. Magee, St. Louis, for plaintiff-appellant.

Evans & Dixon, Sam P. Rynearson & Martin J. Buckley, St. Louis, for defendant-respondent Bybee.

Shepherd, Sandberg & Phoenix, P.C., John S. Sandberg & Daniel L. Schmidt, St. Louis, for defendant-respondent Hill.

Brown, James & Rabbitt, P.C., Jeffrey L. Cramer & John P. Palombi, St. Louis, for defendant-respondent United H.R.B.

Roberts, Perryman, Bomkamp & Meives, P.C., John I. Schaberg & Thomas J. Kernell, St. Louis, for defendant-respondent Howerton.

KAROHL, Judge.

Plaintiff, First Baptist Church of Jefferson City, appeals dismissal of Count I for failure to state a cause of action for property damages resulting from a fire which destroyed its church building. The trial court sustained separate motions of defendants to dismiss Count I but overruled similar motions to dismiss Count II. The dismissal was designated as final and appealable together with a finding that no just reason exists to delay appeal.

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