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   State Courts - Missouri - May 30, 2006

  
Burns v. Smith, No. 26889, COURT OF APPEALS OF MISSOURI, SOUTHERN DISTRICT, May 30, 2006, Filed
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Overview: Trial court erred in finding that plaintiff could maintain an action against a fellow employee notwithstanding that plaintiff's injuries were covered under Missouri's Workers' Compensation Law; fellow employee's act of repairing a pressure water tank that later exploded did not extend beyond plaintiff's employer's duty to provide a safe workplace.

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Chaganti v. Nowotny, No. ED87933, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 30, 2006, Opinion Filed
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Overview: Motion to dismiss the appeal of a trial court's order for a change of venue was granted under Mo. Sup. Ct. R. 74.01(b) because the trial court's order was not a final, appealable judgment.

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Chouteau Dev. Co., LLC v. Sinclair Mktg., WD 65660, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 30, 2006, Filed
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Overview: Judgment in a redeveloper's equitable indemnity action to recover costs incurred in removing underground storage tanks was reversed, and the case was remanded as a former property owner, whose property was condemned, was liable for environmental costs that the owner had already become responsible for under Mo. Code Regs. Ann. tit. 10, § 20-10.021.

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Cridlebaugh v. Putnam County State Bank, WD 65585, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 30, 2006, Filed
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Overview: Summary judgment on a land owner's unjust enrichment claim in favor of the bank and the bank officer was improper as there were genuine issues of material fact as to whether a partial release of a deed of trust was conditioned on the owner paying her granddaughter's loan and whether the owner made a verbal promise to pay her granddaughter's loan.

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Czuppon v. Midwest Woodworking & Fixtures, No. ED86682, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, May 30, 2006, Filed
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Dolan v. County Comm'n of Johnson County, WD 65949, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 30, 2006, Order Filed
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Eshnaur v. State, WD 65250, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 30, 2006, Order Filed
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Esposito v. State, No. ED86112, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, May 30, 2006, Filed
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Evans v. Mo. Bd. of Prob. & Parole, WD 65471, COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, May 30, 2006, Order Filed
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Frazier v. Laidlaw Transit, Inc., No. ED87359, COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FIVE, May 30, 2006, Opinion Filed
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Overview: Dismissal of a claimant's appeal challenging the denial of his claim for unemployment benefits was reversed and remanded because the claimant did not need to sign his initial appeal to the Appeals Tribunal, and since it was filed within 30 days of the disqualification determination, it was timely under Mo. Rev. Stat. § 288.070.4 (2000).

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