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WAGENER v. BURMEISTER

No. 62400.

858 S.W.2d 865 (1993)

James J. WAGENER, Plaintiff-Appellant, v. Raymond BURMEISTER, and Edna Burmeister, Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

August 10, 1993.

Attorney(s) appearing for the Case

Thomas P. O'Driscoll, St. Louis, for plaintiff-appellant.

Kleinschmidt, Przybeck & Frayne, Pamela M. Triplett, St. Louis, for defendants-respondents.

PUDLOWSKI, Judge.

This cause has been retransferred to this court from the Supreme Court in light of Gray v. Russell, 853 S.W.2d 928 (Mo. banc 1993). We had previously ordered a reversal and a remand. We again do so in light of Gray.

In this case, we are asked to determine whether the fireman's rule (hereinafter referred to as firefighter's rule) adopted in Anderson v. Cinnamon, 365 Mo. 304, ...

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