RADIOLOGICAL ASSOC. v. M.W. DIAGNOSTIC

No. 58051.

804 S.W.2d 863 (1991)

RADIOLOGICAL ASSOCIATES OF METROPOLITAN ST. LOUIS, M.D.'S, P.C., Appellant, v. MIDWEST DIAGNOSTIC CONSULTANTS, INC.; William Lee Cowden, M.D.; Robert Rubin, M.D.; Paul R. Altsheler, Jr., M.D.; and Richard J. Kloecker, M.D., Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

March 12, 1991.


Attorney(s) appearing for the Case

Joanne D. Martin, Robert L. Jackstadt, St. Louis, for appellant.

Bruce M. Wurmser (Cowden), St. Louis, Mark E. Goodman, Clayton, for respondents.


CRIST, Judge.

Appellant (plaintiff) appeals the sustentation of respondents' (defendants) motions for summary judgment. We reverse and remand.

Plaintiff alleged defendants breached an oral contract to purchase radiological equipment from it for the sum of $23,000. The case was set for jury trial on January 22, 1990. On that day, during the pretrial conference, defendants Rubin, Altsheler and Kloecker filed a motion for judgment on the pleadings based upon...

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