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TABER v. RALLY'S, INC.

No. 72906.

971 S.W.2d 848 (1998)

Gary TABER and Virginia Taber, Plaintiffs/Appellants, v. RALLY'S, INC., a/k/a Rally's of Ohio, Inc., and Rich Eskew, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Denied July 28, 1998.

Attorney(s) appearing for the Case

Charles J. McMullin, St. Louis, for plaintiffs/appellants.

Robert P. Schmidt, St. Louis, for defendants/respondents.

Before ROBERT G. DOWD, Jr., P.J., and SIMON and HOFF, JJ.

Motion for Rehearing and/or Transfer to Denied July 28, 1998.

ORDER

PER CURIAM.

Plaintiffs, Gary and Virginia Taber, were in the process of ordering food at a drive-through window at Rally's restaurant on August 14, 1994, when an unidentified male who had been loitering in the parking lot of Rally's approached Plaintiffs' vehicle. After demanding that Gary Taber give assailant his money, the assailant shot Taber in the knee, causing him to suffer...

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