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KOELLER BY AND THROUGH KOELLER v. UNIVAL INC.

No. 67364.

906 S.W.2d 744 (1995)

Katherine Anne KOELLER, By and Through Her Next Friend, John L. KOELLER, Jr., Plaintiff, v. UNIVAL, INC., Defendant-Appellant, v. SCHNUCKS MARKETS, INC., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied August 23, 1995.

Application to Transfer Denied October 24, 1995.

Attorney(s) appearing for the Case

Timothy James Phillips, Sandberg, Phoenix & Von Gotard P.C., St. Louis, for plaintiff Koeller.

Brent W. Baldwin, Bruce J. Weingard, The Baldwin Law Firm, St. Louis, for appellant Unival, Inc.

Russell F. Watters, T. Michael Ward, Kenneth K. Schmitt, Brown & James, P.C., St. Louis, for respondent Schnucks Markets, Inc.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 23, 1995.

KAROHL, Judge.

Katherine Anne Koeller sued Unival, Inc. (Unival) as the distributor of a dangerous product and Schnucks Markets, Inc. (Schnucks) as the retailer. She settled with Unival. Schnucks denied it sold the product. Schnucks' cross-claim theory is Unival's distribution of a defective product was the cause of its being sued. It prayed for reimbursement of the cost of its defense...

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