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KILLIAN v. THARP

No. 68401.

919 S.W.2d 19 (1996)

Daniel KILLIAN, Plaintiff/Respondent, v. Aubry THARP, Defendant/Respondent, and State Farm Fire & Casualty Company, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied March 25, 1996.

Application to Transfer Denied April 23, 1996.

Attorney(s) appearing for the Case

Ira M. Berkowitz, Clayton, for Aubry Tharp.

Daniel E. Wilke, Clayton, for State Farm Fire & Cas. Co.

Michael D. Stokes, Christine A. Gilsinan, St. Louis, for Daniel Killian.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 25, 1996.

RHODES RUSSELL, Judge.

State Farm Fire & Casualty Company ("State Farm") appeals from the trial court's finding that its insured, Aubry Tharp ("Tharp"), was entitled to indemnification in a garnishment suit filed by Daniel Killian ("Killian"). We reverse.

Killian was employed by J & J Installers as an iron worker in October 1988. Tharp was also employed by J &...

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