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CARTER v. KINNEY

No. 77487.

896 S.W.2d 926 (1995)

Jonathan D. CARTER and Laurie J. Carter, Appellants, v. Ronald KINNEY and Mary Kinney, Respondents.

Supreme Court of Missouri, En Banc.

April 25, 1995.

Attorney(s) appearing for the Case

David T. Greis, William H. Pickett, Kansas City, for appellants.

John B. Reddoch, Scott J. Sullivan, Sherrill P. Vickers, Liberty, for respondents.

Jeffrey L. Groves, Springfield, for amicus curiae Mo. Organization of Defense Lawyers.

ROBERTSON, Judge.

Detouring from its already lengthy opinion in this case, the Court of Appeals, Western District, speculated that dicta in Seward v. Terminal Railroad Association, 854 S.W.2d 426, 428-9 (Mo. banc 1993), acknowledged in Gray v. Russell, 853 S.W.2d 928, 930, n. 2 (Mo. banc 1993), amounted to a "sub silentio" overruling of the common law of this state basing premises...

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