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   State Courts - Missouri - January 17, 2006

  
Alea London, Ltd. v. Bono-Soltysiak Enters., No. ED85316, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 17, 2006, Filed
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Overview: Court properly found "Condition: Excludes Assault & Battery" term contained in reinsurer's binder did not exclude coverage for claims asserted in suit by family of a murdered restaurant patron; court heard extensive testimony on forms used and specifically found reinsurer's expert was not credible in his claim endorsement was "typical" or "usual."

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Allen v. Scott, Hewitt and Mize, L.L.C. , WD 64939, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Filed
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Overview: In sellers' suit against the buyer and his company to rescind the sale of land due to their mistake when the company listed the land for 10 times the sale price, summary judgment against the sellers was proper as the company was not a party to the contract, and the fact that the company was not organized at the time of the contract was irrelevant.

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Banton v. Wright, No. ED85779, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, January 17, 2006, Opinion Filed
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Benedict v. State, WD 64796, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Order Filed
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Boone v. State, No. ED86175, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 17, 2006, Opinion Filed
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Branson v. Medicap Pharm., WD64845, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Order Filed
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Charnisky v. Chrismer, No. ED85933, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, January 17, 2006, Decided , January 17, 2006, Filed
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Overview: In challenge to annexation election, pursuant to Mo. Rev. Stat. § 71.015.3 (2000), second contestant of election did not have standing on appeal to challenge portion of judgment granting first contestant relief because he was not aggrieved; also, substantial evidence supported trial court's finding that second contestant failed to vote properly.

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Clinch v. Heartland Health , WD 64853, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Filed
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Overview: In surgeon's claims of tortious interference and restraint of trade against another surgeon, medical center, former employer, and corporate officer, summary judgment on tortious interference was proper because plaintiff was required to show improper means; also, plaintiff lacked standing for antitrust claim.

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Cross v. Medicap Pharm., WD64846, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Order Filed
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Gillette v. State, WD 65529, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, January 17, 2006, Order Filed
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