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  5. 781 S.W.2d 148 (1989)
 

EMPIRE GAS CORP. v. UPG, INC.

Nos. 16096, 16098.

781 S.W.2d 148 (1989)

EMPIRE GAS CORPORATION, a Delaware Corporation, Plaintiff/Respondent/Cross-Appellant, v. UPG, INC., a Delaware Corporation, Defendant/Appellant/Cross-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or to Transfer Denied November 20, 1989.

Application to Transfer Denied January 10, 1990.

Attorney(s) appearing for the Case

William H. McDonald, Virginia L. Fry, Celeste K. Johns, Woolsey, Fisher, Whiteaker & McDonald, Springfield, for defendant/appellant/cross-respondent.

Steven G. Emerson, Thomas H. Davis, Morris & Larson, P.C., Kansas City, Darrell Deputy, Jr., Lebanon, for plaintiff/respondent/cross-appellant.

FLANIGAN, Presiding Judge.

On March 16, 1984, plaintiff Empire Gas Corporation, a Delaware corporation ("Empire"), brought an action for breach of contract against defendant UPG, Inc., a Delaware corporation ("UPG"). The action involved six contracts, signed in September 1981, dealing with the sale of propane gas by UPG, a major wholesaler of propane, to Empire, a major retailer of propane. Three days later UPG brought an action against Empire, based on alleged unpaid...

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