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ELLSWORTH BREIHAN BLDG. CO. v. TEHA INC.

No. ED 77981.

48 S.W.3d 80 (2001)

ELLSWORTH BREIHAN BUILDING COMPANY, Plaintiff-Respondent, v. TEHA INCORPORATED, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

June 12, 2001.

Attorney(s) appearing for the Case

Thomas R. Carnes, St. Louis, MO, for appellants.

Katharyn B. Davis, Lisa Leslie, St. Louis, MO, for respondent.

LAWRENCE E. MOONEY, Presiding Judge.

Tenant, Teha, Inc., appeals from the judgment in favor of Landlord, Ellsworth Breihan Building Company, in an unlawful detainer action brought under Section 534.030 RSMo. (2000).1 Tenant argues that the trial court erred in failing to dismiss Landlord's action for unlawful detainer because Landlord had previously elected its remedy, a rent and possession action

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