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CARTER'S CUSTOM TILE v. SOUTHWESTERN BELL

No. 61059.

834 S.W.2d 892 (1992)

CARTER'S CUSTOM TILE & REMODELING, INC., Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE CO., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

August 4, 1992.

Attorney(s) appearing for the Case

Joseph Scott Rubin, Clayton, for plaintiff-appellant.

John F. Medler, Jr., St. Louis, for defendant-respondent.

STEPHAN, Judge.

Carter's Custom Tile and Remodeling, Inc. ("CCT") sued Southwestern Bell Telephone Co. ("Bell") for breach of contract and negligence. Bell moved to dismiss for failure to state a claim upon which relief could be granted. The trial court sustained Bell's motion. We reverse and remand.

CCT rested its claim on the following pleaded facts. In the summer of 1989, CCT moved its business offices to Glendale, Missouri. In so doing, it obtained a new...

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