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BROWNING-FERRIS v. LANDMARK SYSTEMS

No. 60351.

822 S.W.2d 569 (1992)

BROWNING-FERRIS INDUSTRIES OF ST. LOUIS, INC., Plaintiff/Respondent, v. LANDMARK SYSTEMS, INC., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

January 21, 1992.

Attorney(s) appearing for the Case

Francis G. Slay, Robert Leo Devereux, Private Attys., St. Louis, for defendant/appellant.

Eileen J. Markey, Susman, Schermer, Rimmel & Shifrin, Clayton, for plaintiff/respondent.

REINHARD, Presiding Judge.

Defendant appeals from the court's entry of summary judgment in favor of plaintiff in a contract action. We reverse and remand with instructions.

Plaintiff's petition averred in relevant part the following:

3. On or about December 21, 1989, BFI and Landmark entered into a Disposal Service Agreement (the "Contract") in St. Louis County, Missouri under which BFI was to remove petroleum contaminated soil at a cost of...

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