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MFA OIL CO. v. ROBERTSON-WILLIAMS TRANSP.

No. WD 57115.

18 S.W.3d 437 (2000)

MFA OIL COMPANY, Respondent, v. ROBERTSON-WILLIAMS TRANSPORT, INC., Appellant.

Missouri Court of Appeals, Western District.

Decided March 28, 2000.

Motion for Rehearing and/or Transfer Denied May 2, 2000.

Application for Transfer Denied June 27, 2000.

Attorney(s) appearing for the Case

Gregory N. Pottorff, Hal D. Meltzer, Kansas City, for appellant.

Stephen S. Brown, Kansas City, for respondent.

Before JAMES M. SMART, P.J., JOSEPH M. ELLIS and EDWIN H. SMITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 2, 2000.

JAMES M. SMART, Jr., Judge.

Robertson-Williams Transport, Inc. ("Robertson") appeals an order of the trial court granting MFA Oil Company ("MFA") a new trial based upon instructional error. Robertson contends that the trial court erred because MFA waived objection to the faulty instruction because it failed to raise any objection before the jury retired; the instruction dealt solely...

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