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ALLEN v. KUEHNLE

No. ED 80727.

92 S.W.3d 135 (2002)

Helen M. ALLEN, Plaintiff/Appellant, v. Mike KUEHNLE and Kuehnle Brothers Construction Company, Defendants/Third Party Plaintiffs/Respondents, and St. Louis Stabilizing, Inc., Third Party Defendant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied December 18, 2002.

Application for Transfer Denied January 28, 2003.

Attorney(s) appearing for the Case

Vatterott, Shaffar & Dolan, P.C., Paul F. Devine, Jeffrey R. Wolfe, Maryland Heights, MO, for appellant.

Wilke & Wilke, P.C., Kathy M. Wilke, James A. Wilke, St. Louis, MO, for respondent.

Wuestling & James, L.C., James D. O'Leary, St. Louis, MO, for St. Louis Stabilizing, Inc.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 18, 2002.

MARY K. HOFF, Judge.

Helen M. Allen (Allen) appeals from the judgment of the trial court granting summary judgment in favor of Mike Kuehnle and Kuehnle Brothers Construction Company, Inc. (Kuehnle). We reverse.

On or about September 25, 1992, Allen entered into a contract with Kuehnle for the construction of a new home. The lot upon which Allen's new home was built contained...

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