BURRIS v. TERMINAL R.R. ASS'N

No. 60505.

835 S.W.2d 535 (1992)

James BURRIS and Debbie Burris, Plaintiffs/Appellants, v. TERMINAL RAILROAD ASS'N., ACF Industries, and Monsanto Company (Third Party Defendant), Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Application to Transfer Denied September 22, 1992.


Attorney(s) appearing for the Case

Michael A. Gross, St. Louis, for plaintiffs/appellants.

Robert C. Ely, St. Louis, for defendant/respondent Terminal R.R. Ass'n.

Scott C. Harber, Clayton, for defendant/respondent ACF Industries, Inc.


REINHARD, Presiding Judge.

Plaintiffs appeal from an order denying their motion for relief from a final judgment under Rule 74.06. Plaintiffs had sought to vacate an order dismissing their claim with prejudice for failure to comply with court-mandated discovery on the grounds that the order was irregular and their non-compliance with discovery was the result of excusable neglect. We affirm.

The record shows that plaintiff James Burris filed a personal injury...

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