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BUSH CONST. v. KANSAS CITY FACTORY OUTLETS

No. WD 58616.

37 S.W.3d 852 (2001)

BUSH CONSTRUCTION MACHINERY, INC., Appellant, v. KANSAS CITY FACTORY OUTLETS, L.L.C., Stahl Construction Company, Heartland Corporation, Michigan National Bank and Michael G. O'Flaherty, Trustee for Michigan National Bank, Respondents.

Missouri Court of Appeals, Western District.

February 20, 2001.

Attorney(s) appearing for the Case

Thomas D. Rodenberg, Kansas City, for Appellant.

Gary V. Fulghum, Kansas City, for Respondents.

Before ELLIS, P.J., LOWENSTEIN and BRECKENRIDGE, JJ.

LOWENSTEIN, Judge

Bush Construction Machinery, Inc. (Bush) appeals from the circuit court's judgment dismissing its petition, which included a count for enforcement of a mechanic's lien against property in Odessa owned by the Kansas City Factory Outlets, L.L.C. (KCFO), for the nonpayment of equipment rental fees to which Bush claims were owed to it. This court finds that the trial court's judgment is not final because it did not address the other count of the petition...

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