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JOHNSTON v. FIRST NAT. BANK & TRUST CO., ETC.

No. 12153.

624 S.W.2d 500 (1981)

Dean S. JOHNSTON, et al., Plaintiffs-Respondents, v. FIRST NATIONAL BANK AND TRUST COMPANY OF JOPLIN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

November 2, 1981.

Attorney(s) appearing for the Case

Thad C. McCanse, Flanigan & McCanse, Carthage, for plaintiffs-respondents.

Herbert Kassner, New York City, Ronald E. Mitchell, Blanchard, Van Fleet, Martin, Robertson & Dermott, Joplin, for defendant-appellant.

PREWITT, Judge.

Plaintiffs,1 each under a separate written lease with defendant, are or were tenants at the Northpark Mall in Joplin. At issue is an increase in rent sought by defendant pursuant to a Consumer Price Index provision in each of the leases. Plaintiffs brought this declaratory judgment action, contending that the provision under which defendant sought the increased rent was unenforceable because it was indefinite. The trial...

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