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BROWN v. MIDWEST PETROLEUM CO.

No. 60598.

828 S.W.2d 686 (1992)

David BROWN and Jo Ann Brown, Plaintiffs-Respondents, v. MIDWEST PETROLEUM COMPANY, a Missouri Corporation, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied April 29, 1992.

Attorney(s) appearing for the Case

Ziercher & Hocker, P.C., George J. Bude, Margaret L. van Dijk, Clayton, for defendant-appellant.

Robert E. Morley & Associates, P.C., Robert E. Morley, O'Fallon, for plaintiffs-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 1992.

CRANDALL, Judge.

Defendant, Midwest Petroleum Company, appeals from a judgment in favor of plaintiffs, David and Jo Ann Brown, for $75,0001 following a jury trial, in an action for waste under a lease. We reverse and remand.

The evidence, viewed in a light most favorable to the verdict, shows that in January of 1984, defendant signed a lease to...

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