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HUTCHINGS v. VALHALLA CEMETERY

No. 43082.

622 S.W.2d 296 (1981)

Firmin H. HUTCHINGS and Shirley A. Hutchings, on behalf of themselves and all of the purchasers of a Family Security Plan from Valhalla Cemetery, Crematory and Mausoleum Company, a corporation, formerly National Cemetery Association of Missouri, formerly St. Louis Crematory & Mausoleum Company, Plaintiffs-Appellants, v. VALHALLA CEMETERY, Crematory and Mausoleum Company, a Corporation, formerly National Cemetery Association of Missouri, formerly St. Louis Crematory & Mausoleum Company, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied September 21, 1981.

Application to Transfer Denied November 10, 1981.

Attorney(s) appearing for the Case

Jerry A. Klein, Clayton, for plaintiffs-appellants.

Robert C. Jones, Clayton, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 21, 1981.

SMITH, Judge.

Plaintiffs appeal from the order of the trial court granting defendant's motion for summary judgment as to Counts I and II of plaintiff's petition and granting defendant's motion to dismiss Count III.

All three counts were based upon an agreement between the parties referred to as a "Family Security Plan Agreement." Plaintiffs alleged in Count I that the...

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