Cannamore v. Bi-State Development Agency

On Motion for Rehearing or Transfer

Defendant-respondent seeks by its motion, timely filed after opinion, a rehearing in this court, or, in the alternative, a transfer of the case to the Supreme Court of Missouri. In our consideration of defendant’s contention on appeal that plaintiff failed to make a submissible case, we deem ourselves bound by the decision of the Supreme Court of Missouri in the case of Brindley v. Wells, 308 Mo. 1, 271 S.W. 48. The facts in that case so closely resemble those ‘submitted to the jury in this case that any effort to distinguish or differentiate appears futile.…