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KILVENTON v. UNITED MISSOURI BANK

Nos. WD 47093, WD 47094, WD 47095 and WD 47097.

865 S.W.2d 741 (1993)

Alice KILVENTON, Marietta Fugate, and Karen Oldham, et al., Appellants, v. UNITED MISSOURI BANK, Trustee, Defendant, Missouri Highway and Transportation Commission, Respondent, Mountain Plains Construction, Inc., Third-Party Defendant, and Brown Brothers Excavating, Inc., Third-Party Defendant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 2, 1993.

Application to Transfer Denied December 21, 1993.

Attorney(s) appearing for the Case

John E. Turner, Kansas City, for appellants.

Judy L. Curran, Dist. Counsel, Kansas City, for respondent.

Before SPINDEN, P.J., TURNAGE, C.J., and FENNER, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 1993.

SPINDEN, Presiding Judge.

On November 28, 1988, an explosion rocked southern Kansas City at a highway construction site after an arsonist set fire to trailers containing ammonium nitrate and fuel oil. Fire fighters James Kilventon, Michael Oldham, and Thomas Fry died fighting the fire. Their survivors filed wrongful death suits against several defendants, but this appeal involves...

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