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ATS, INC. v. LISTENBERGER

No. ED 81955.

111 S.W.3d 495 (2003)

ATS, INC., and Liberty Mutual Insurance Company, Appellants, v. Kenneth LISTENBERGER, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Application for Transfer Denied July 14, 2003.

Application for Transfer Denied August 26, 2003.

Attorney(s) appearing for the Case

Ryanearson, Suess, Schnurbusch & Champion, L.L.C., Debbie S. Champion, St. Louis, MO, for appellant.

Lathrop & Gage, L.C., Brent W. Baldwin; Scott J. Dickenson, St. Louis, MO, for respondent.

Application for Transfer to Supreme Court Denied July 14, 2003.

MARY K. HOFF, Judge.

ATS, Inc. (Employer) and Liberty Mutual Insurance Company (Insurer) appeal from the trial court's grant of summary judgment in favor of Kenneth Listenberger (Employee), which held that Employer and Insurer did not have a subrogation interest in any recovery made by Employee against his former attorneys for an alleged failure to timely file a claim against

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