MIDWEST COAL, LLC EX REL. STANTON v. CABANAS

No. ED 97479.

378 S.W.3d 367 (2012)

MIDWEST COAL, LLC, By and Through its Bankruptcy Trustee Janice STANTON, Appellant, v. Tom CABANAS, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

August 28, 2012.


Attorney(s) appearing for the Case

Mark T. Kempton , Sedalia, MO, for appellant.

Joel A. Poole , Assistant Attorney General, Jefferson City, MO, for respondent.


PATRICIA L. COHEN, Presiding Judge.

Introduction

Midwest Coal (Plaintiff) appeals the trial court's grant of summary judgment to Tom Cabanas (Defendant) on its claim for fraudulent misrepresentation. Plaintiff claims the trial court erred in granting summary judgment to Defendant because: (1) Plaintiff was not required to show a history of profitability in order to recover lost profits; and (2) genuine issues of material fact exist as to whether Plaintiff...

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