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O'LEARY v. LUEDDE

No. ED 76084.

19 S.W.3d 702 (2000)

Thomas H. O'LEARY, et al., Plaintiffs/Respondents, v. Charles E.H. LUEDDE, et al., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division One.

June 6, 2000.

Attorney(s) appearing for the Case

John William Moticka, Stinson, Mag & Fizzell, St. Louis, for appellant.

James F. Mauze, Ottsen, Mauze & Leggat, L.C., Clayton, for respondent.

OPINION

JAMES R. DOWD, Judge.

Charles and Jane Luedde appeal from a judgment granting summary judgment in favor of Thomas and Cheryl O'Leary. We reverse and remand.

Facts

In August of 1997, the Lueddes decided to sell their home on 750 Cella Road in St. Louis County, Missouri. They retained a real estate agent and prepared a statement which included the following disclosures:

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