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   State Courts - Missouri - May 9, 2006

  
Hanley-Maplewood Redevelopment Corp. v. Carter, No. ED85756, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 9, 2006, Filed
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Hanley-Maplewood Redevelopment Corp. v. Mann, No. ED85746, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 9, 2006, Filed
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Hardene v. State, No. ED86567, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, May 9, 2006, Filed
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Hawkins v. Lemasters, WD 65677, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Overview: A testatrix's husband's niece failed to demonstrate that she had standing to challenge the document that was admitted to probate as testatrix's will where she was not an heir at law and where she had not complied with the presentment requirement of Mo. Rev. Stat. § 473.050 (2000) for a document she claimed was the will and named her a beneficiary.

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Jackson County v. McClain Enters., WD66025, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Overview: In a County's trespass and conversion action against an excavating company and a housing development, the trial court erred in summarily denying the company's motion to compel arbitration as no evidence was presented to determine the parties' intentions and whether the arbitration clause in their contract was valid under Mo. Rev. Stat. § 435.350.

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Kan. City Power & Light Co. v. Bibb & Assocs., WD64456 and WD64480, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Decided , May 9, 2006, Opinion Filed
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Overview: Where jury returned a general verdict, and trial court was thus unable to determine on which claim or claims jury's assessment of fault against a manufacturer was based; it should not have applied a contractual provision to limit manufacturer's liability. Case was remanded for entry of judgment in accordance with the full amount of jury's verdict.

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Lampe v. Rust, WD 65255, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Decided , May 9, 2006, Filed
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Law v. Vigilant Ins. Co., No. ED86943, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, May 9, 2006, Filed
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Mackiewicz v. Essex Crane Rental Corp., No. ED86772, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION TWO, May 9, 2006, Filed
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Overview: Where a general contractor and subcontractor had an agreement that they could each use the other's employees on a project, workers' compensation law was a defense to the subcontractor's employee in negligence action against him by the general contractor's employee because the latter was a statutory employee under Mo. Rev. Stat. § 287.040.1 (2000).

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Maxwell v. Daviess County, WD 65715, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 9, 2006, Opinion Filed
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Overview: The language "the percentage increase shall be the same for all county officers" in Mo. Rev. Stat. § 50.333.12 (2000) did not entitle a county recorder of deeds to cumulatively add cost-of-living increases earned by other county officeholders prior to the time she took office to her salary; thus, denial of her writ of mandamus was affirmed.

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