Crystal Tire Co. v. Home Service Oil Co.

HENLEY, Judge.

This case is the sequel to Crystal Tire Company v. Home Service Oil Company and C.E.S. Truck Lines, Inc., reported in 465 S.W.2d 531 (Mo.1971). It involves an appeal by each of the two defendants from an adverse judgment on its cross-claim against the other. An opinion deciding the case was written in Division II, but on a dissenting opinion being filed the case was transferred to the court en banc. Supplemental briefs were thereafter filed by the parties and the case was again argued and submitted, after which the Division opinion failed of adoption and the case was reassigned.

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