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CHARLES SCHMITT & CO. v. BARRETT

No. 81-1385.

670 F.2d 802 (1982)

CHARLES SCHMITT & CO., Appellee, v. Thomas E. BARRETT, III, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1982.

Attorney(s) appearing for the Case

Lashly, Caruthers, Thies, Rava & Hamel, P. C., Richard D. Watters, argued, St. Louis, Mo., for appellant.

Law offices of Theodore F. Schwartz, Theodore F. Schwartz, argued, Barry S. Ginsburg, Clayton, Mo., for appellee.

Before HENLEY and ARNOLD, Circuit Judges, and NICHOL, Senior District Judge.

NICHOL, Senior District Judge.

Plaintiff Charles Schmitt & Co. (Schmitt) brought this action against defendant Thomas E. Barrett, III, (Barrett) alleging breach of contract for the failure and refusal of Barrett to divide equally with Schmitt the proceeds from the sale of a group of special interest automobiles. The cause was tried before the court sitting without a jury, the Honorable Clyde S. Cahill, district judge, presiding. Barrett appeals from the district...

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