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LOWDERMILK v. VESCOVO BUILDING AND REALTY

No. ED 79055.

91 S.W.3d 617 (2002)

Gregory A. LOWDERMILK and Mary Catherine Lowdermilk, Plaintiffs/Appellants, v. VESCOVO BUILDING AND REALTY COMPANY, INC., Gary Vescovo, Robert Vescovo, Gundaker Real Estate Company, Inc., Larry D. Wilson, Jr., and Beth Gundaker-Lisk, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Application for Transfer Denied August 7, 2002.

Case Transferred September 24, 2002.

Case Retransferred December 24, 2002.

Original Opinion Reinstated January 9, 2003.

Attorney(s) appearing for the Case

Don M. Downing, Sandra J. Wunderlich, Carrie Mulholland Brous, Stinson, Mag & Fizzell, P.C., St. Louis, MO, for appellants.

Beth C. Boggs, Boggs, Backer & Bates, L.L.C., St. Louis, MO, Robert C. Jones, Jones, Korum, Waltrip, & Jones, Clayton, MO, for respondents Vescovo Bldg. & Rlty. Co., Robert and Gary Vescovo.

Paul F. Devine, Vatterott, Shaffar & Dolan, P.C., Maryland Heights, MO, for respondents Gordon A. Gundaker Real Estate Co., Beth Gundaker-Lisk and Larry Wilson, Jr.

Application for Transfer to Supreme Court Denied August 7, 2002.

Case Transferred to Supreme Court September 24, 2002.

Case Retransferred to Court of Appeals December 24, 2002.

KATHIANNE KNAUP CRANE, Judge.

Plaintiff homeowners were awarded $140,000 in actual damages and $260,000 in punitive damages against defendant homebuilders and realtors for failure to disclose that the foundation of the home they had purchased for $560,000 had not been...

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