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APEX OIL CO. v. BELDNER

No. 37913.

567 S.W.2d 336 (1978)

APEX OIL COMPANY, a corporation, Plaintiff-Appellant, v. Lester BELDNER d/b/a Marvel Fuel Oil Company, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

Motions for Rehearing and/or Transfer Denied June 8, 1978.

Attorney(s) appearing for the Case

Richard H. Ulrich, Ken Heinz, Shifrin, Treiman, Bamburg & Dempsey, St. Louis, for plaintiff-appellant.

Edward Lander, Clayton, for defendant-respondent.

MARSHALL CRAIG, Special Judge.

The appellant, the plaintiff in the trial court, brought its suit for the collection of a fuel oil bill. The jury trial resulted in a verdict for defendant. The appellant bases his appeal only as to those issues relating to Count I of its second amended petition. The pertinent portions of that Count are as follows:

"3. That on or about the 6th day of February, 1971 and the 8th day of February, 1971, plaintiff, at the special...

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