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STATE EX REL. WEBSTER v. EISENBEIS

No. 54416.

775 S.W.2d 276 (1989)

STATE of Missouri, ex rel., William L. WEBSTER, Attorney General, Plaintiff/Appellant Cross-Respondent, v. Bradley EISENBEIS, Defendant/Respondent, and Rogue Creek Valley, Inc., and Stuart McCaleb, Defendants, and James Higgins, Defendant Cross-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Rehearing Denied August 1, 1989.

Attorney(s) appearing for the Case

Peter Lumaghi, St. Louis, for State ex rel. Webster.

William J. Fletcher, Kirkwood, for James Higgins.

Dana A. Hockensmith and Carol Kennedy Bader, St. Louis, for Rogue Creek Valley, Inc.

SATZ, Judge.

In this action, the state charged defendants with violating our Merchandising Practices Act, Chapter 407, RSMo 1978, in their development and marketing of lots in a recreational area. Defendants are Rogue Creek Valley, Inc.; its president and sole shareholder, Bradley Eisenbeis; its vicepresident and secretary, Stuart McCaleb; and its chairman, James Higgins.1 In the jury waived...

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