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KIRBERG v. BREIHAN

No. 65376.

896 S.W.2d 758 (1995)

Leonard KIRBERG, as Trustee of the Horner and Shifrin, Inc., Employee Stock Ownership Plan and Trust, Plaintiff-Respondent, v. Erwin R. BREIHAN, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

April 25, 1995.

Attorney(s) appearing for the Case

Gary H. Feder, Ziercher & Hocker, P.C., Clayton, for appellant.

Nicholas J. Lamb, Roger A. Keller, Jr., Thompson & Mitchell, St. Louis, for respondent.

Before CRANDALL, P.J., and AHRENS and DOWD, JJ.

ORDER

PER CURIAM.

Defendant, Erwin R. Breihan, appeals the judgment of the trial court, in a court-tried case, in favor of plaintiff, Leonard Kirberg, as Trustee of the Horner & Shifrin, Inc., Employee Stock Ownership Plan and Trust, in plaintiff's action for declaratory judgment to interpret terms of a tender offer to purchase defendant's stock upon retirement from a closely held engineering company and on defendant's counterclaim seeking reformation...

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