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SANDER v. ALEXANDER RICHARDSON INVESTMENTS

No. 02-1531.

334 F.3d 712 (2003)

Joseph SANDER; Barbara Sander; Ivy M. Smith; Ruby Smith; Lawson Burford; Mary Burford, Appellees, v. ALEXANDER RICHARDSON INVESTMENTS, doing business as Yacht Club of St. Louis, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 1, 2003.

Rehearing Denied: August 12, 2003.

Attorney(s) appearing for the Case

Teresa A. McNail, argued, St. Louis, MO (John R. Halpern, on the brief), for appellant.

Thomas M. Ward, argued, St. Louis, MO (Russell F. Watters and Craig A. Hansen, on the brief), for appellee.

Before HANSEN, Chief Judge, BEAM and RILEY, Circuit Judges.

HANSEN, Circuit Judge.

Boats owned by Joseph and Barbara Sander, Ivy M. and Ruby Smith, and Lawson and Mary Burford (collectively "the boat owners") were destroyed while moored at the Yacht Club of St. Louis ("Yacht Club") when another boat caught fire. The boat owners sought recovery from the Yacht Club, which defended based on an exculpatory clause in the Boat Space Rental Agreement ("slip agreement") that the Yacht Club had with each of the boat owners. The district...

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