WORLD RESOURCES, LTD. v. UTTERBACK

No. 70452.

943 S.W.2d 269 (1997)

WORLD RESOURCES, LTD., Plaintiff-Appellant, v. Thomas UTTERBACK, Respondent-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

March 25, 1997.


Attorney(s) appearing for the Case

Dowd & Dowd, P.C., Richard K. Dowd, St. Louis, for Appellant.

Stahlhuth, Rudder & Taylor, L.C., William R. Stahlhuth & Amy Hardin Surber, Eureka, for Respondent.


KAROHL, Judge.

Plaintiff, World Resources, Ltd. (WR), appeals after summary judgment in favor of defendant, Thomas Utterback, a businessman and attorney at law.

In its petition, WR alleged three causes of action: (1) breach of fiduciary duty; (2) constructive trust; and, (3) accounting. All three were predicated on WR's allegation,

in April, 1993[WR] and [Utterback] entered into an agreement whereby [WR] was to receive and [Utterback] was to provide...

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