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EMRO MARKETING CO. v. PLEMMONS

No. 87-1847.

855 F.2d 528 (1988)

EMRO MARKETING COMPANY, Appellant, v. William Niles PLEMMONS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1988.

Rehearing and Rehearing Denied November 2, 1988.

Attorney(s) appearing for the Case

Peter W. Herzog, St. Louis, Mo., for appellant.

Melvin E. Carnahan, Rolla, Mo., for appellee.

Before McMILLIAN, WOLLMAN and BEAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 2, 1988.

BEAM, Circuit Judge.

EMRO Marketing Company (EMRO) appeals from a final judgment entered in the District Court for the Eastern District of Missouri terminating a lease between EMRO, as lessee, and William Niles Plemmons (Plemmons), as lessor, due to the breach by EMRO of an implied covenant of continuous operation. For reversal, EMRO argues the district court1 erred in (1...

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