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ROGERS v. FRANK C. MITCHELL CO.

No. 67750.

908 S.W.2d 387 (1995)

Teresa ROGERS and Michael Rogers, Appellants, v. FRANK C. MITCHELL COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 31, 1995.

Attorney(s) appearing for the Case

Thomas M. Lang, Clayton, for appellants.

Joseph H. Mueller, St. Louis, for respondent.

RHODES, Judge.

Teresa and Michael Rogers ("Plaintiffs") appeal the granting of summary judgment in favor of Frank C. Mitchell Company ("Defendant") on their claim for personal injuries. Teresa Rogers was injured when a tree, located near a water line Defendant installed, fell on her while driving her car. We reverse and remand.

Defendant entered into a contract with the City of Valley Park ("City") for the construction of a ten inch water line through the...

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