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CARWELL v. MARSHALLS OF SUNSET HILLS, MISSOURI, INC.

No. 67120.

904 S.W.2d 284 (1995)

Robert CARWELL, Plaintiff/Appellant, v. MARSHALLS OF SUNSET HILLS, MISSOURI, INC., et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied July 27, 1995.

Application to Transfer Denied September 19, 1995.

Attorney(s) appearing for the Case

Ray A. Gerritzen, St. Louis, for appellant.

John H. Quinn, III, Daniel C. Nelson, St. Louis, for respondents.

Before GRIMM, C.J., AHRENS, P.J., and KAROHL, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 1995.

PER CURIAM.

Plaintiff sued Marshalls of Sunset Hills and Melville Corporation (Retailer), Shorebreak, Inc. (Manufacturer), and R & S Trading Company, Inc. (Wholesaler).

After making the purchase, plaintiff discovered that B.U.M. labels had been sewn over "I.O.U." labels, another brand of sweatshirt. Plaintiff alleges I.O.U. sweatshirts are worth $5.00 less than B.U.M.,...

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