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M & D ENTERPRISES, INC. v. FOURNIE

Nos. 11146, 11147.

600 S.W.2d 64 (1980)

M & D ENTERPRISES, INC., Plaintiff-Respondent, v. H. C. FOURNIE, d/b/a H. C. Fournie Company, and Hilbert C. Fournie Company, Defendants-Appellants, and M & D ENTERPRISES, INC., Plaintiff and Third-Party Plaintiff-Appellant, v. BASIC CHEMICALS, a division of Basic, Inc., a corporation, Third-Party Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Four.

Motion for Rehearing or to Transfer Denied April 18, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

Thomas G. Strong, Mathew W. Placzek, Jr., B. H. Clampett, Richard P. Wacker, Springfield, for plaintiff-respondent & third-party plaintiff-appellant.

John R. Lewis, Milton B. Kirby, Springfield, for defendants-appellants.

David W. Ansley, John E. Price, Springfield, for third-party defendant-respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied April 18, 1980.

GREENE, Judge.

M & D Enterprises, Inc. (M & D), a Missouri corporation, manufactures and sells building materials. M & D's management functions are performed in Springfield, Missouri, while its manufacturing and shipping plant is in Iola, Kansas. M & D is the exclusive producer of a cementitious material, known as Boncoat, which is applied to the exterior surface of...

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