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COMMERCE BANK v. PEABODY COAL CO.

No. WD 46657.

861 S.W.2d 569 (1993)

COMMERCE BANK OF KANSAS CITY, N.A., Personal Representative, Respondent, v. PEABODY COAL COMPANY and Peabody Development Company, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 31, 1993.

Application to Transfer Denied October 26, 1993.

Attorney(s) appearing for the Case

W. Stanley Walch and Mike W. Bartolacci, St. Louis, Spencer J. Brown, Kansas City, for appellants.

George Allen Barton and Scott K. Martinsen, Kansas City, for respondent.

Before SMART, P.J., and SHANGLER and FENNER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 31, 1993.

SHANGLER, Judge.

Commerce Bank of Kansas City, N.A, as personal representative for the Estate of Gladys Kelce, brought suit against Peabody Coal Company and Peabody Development Company for underpayment under a December 7, 1946 royalty agreement, fraud and punitive damages. In their responsive pleading, Peabody denied liability and asserted numerous counterclaims. The trial court...

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