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IN RE ESTATE OF DALY

No. WD 50019.

907 S.W.2d 200 (1995)

In re the ESTATE OF Emma DALY, Sherry Bradley, Personal Representative, and Frances MARSH, Individually and for the use and Benefit of all those entitled to bring action, Appellants, v. HILL HAVEN CORPORATION, d/b/a Columbia House Healthcare, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 3, 1995.

Attorney(s) appearing for the Case

Marvin Tofle, Columbia, for appellants.

Michael Andrew Dallmeyer, Jefferson City, for respondent.

Before KENNEDY, P.J., and SMART and LAURA DENVIR STITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 3, 1995.

LAURA DENVIR STITH, Judge.

Plaintiffs-Appellants Sherry Bradley and Frances Marsh, the personal representative and heirs of the deceased Emma Daly, appeal the trial court's dismissal of their survival action against defendant Hill Haven Corporation. Plaintiffs contend that the trial court erred in requiring them to elect between submission of a survival claim and submission of a...

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