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CUB CADET CORP. v. MOPEC, INC.

No. WD 59963.

78 S.W.3d 205 (2002)

CUB CADET CORPORATION, an Ohio Corporation, Appellant, v. MOPEC, INC., a Missouri Corporation, d/b/a Martin Equipment, E. Russell Martin, Sr., Estate, E. Russell Martin, Jr., Conservator, and Shirley Martin, Individually and as Guardian for the Estate of E. Russell Martin, Sr., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 2, 2002.

Attorney(s) appearing for the Case

Richard M. Beheler, Kansas City, for Appellant.

Leonard K. Breon, Warrensburg, for Estate of E. Russell Martin, Sr.

Robert M. Liston, Sedalia, for Mopec, Inc., and Shirley Martin.

Before ELLIS, P.J., and EDWIN H. SMITH and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 2, 2002.

VICTOR C. HOWARD, Judge.

Cub Cadet Corporation filed suit seeking a deficiency judgment and fraud damages against Mopec Corporation and its principals/guarantors, Russell and Shirley Martin,1 after Cub Cadet repossessed and sold Mopec's inventory of outdoor equipment that was supplied by Cub Cadet. Relying on the Southern District's opinion in Textron...

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