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BLUE CROSS HEALTH SERVICES, INC. v. SAUER

No. 57011.

800 S.W.2d 72 (1990)

BLUE CROSS HEALTH SERVICES, INC., f/k/a Blue Cross Hospital Services, Inc., Plaintiff/Appellant, v. William R. SAUER, R.T. Sauer Agency, Ltd., a corporation and Robert Sauer, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied December 12, 1990.

Application to Transfer Denied January 9, 1991.

Attorney(s) appearing for the Case

Martin J. Toft, III, Craig Nicholas Schmid, St. Louis, for plaintiff/appellant.

Norton Y. Beilenson, Clayton, for defendants/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 12, 1990.

CARL R. GAERTNER, Presiding Judge.

Blue Cross Health Services, Inc. (Blue Cross) appeals from the order granting defendants R.T. Sauer Agency, Ltd., and Robert Sauer a new trial. We reverse and remand to the trial court with directions to reinstate the judgment.

William R. Sauer's medical, drug and alcohol problems since childhood left him "physically and mentally incapacitated...

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