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66 TERMINAL, INC. v. ROBERTS

No. 33463.

448 S.W.2d 938 (1969)

66 TERMINAL, INC. d/b/a St. Louis Truck Port, Plaintiff-Respondent, v. W. E. ROBERTS, Defendant-Appellant.

St. Louis Court of Appeals. Missouri.

December 16, 1969.

Attorney(s) appearing for the Case

Garnholz, Roesel & Scher, Isadore Scher, Clayton, for defendant-appellant.

Ziercher, Tzinberg, Human & Michenfelder, Richard A. Roth, Clayton, Lee Young, Union, for plaintiff-respondent.

SMITH, Commissioner.

Plaintiff-respondent was awarded a summary judgment on its petition for ejectment against defendant-appellant. This appeal followed. We affirm.

Midwest Petroleum Company (Midwest) entered into a commercial lease with Harry Halsey (Halsey) on August 1, 1961, covering certain real estate in St. Louis County, plus improvements thereon "consisting of service station, with second floor sleeping rooms, and restaurant now under construction....

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