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RATHBUN v. CATO CORP.

No. 24578.

93 S.W.3d 771 (2002)

Margaret C. RATHBUN and Jack W. Rathbun, Trustees, For the Rathbun Trust Dated January 10, 1986, Plaintiffs-Appellants, v. The CATO CORPORATION, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied December 13, 2002.

Application for Transfer Denied January 28, 2003.

Attorney(s) appearing for the Case

John C. Holstein, Michael D. Textor, Shughart Thomson & Kilroy, Springfield, for appellant.

Paul F. Sherman, Daniel, Powell & Kiefer, LLC, Springfield, for respondent.

PHILLIP R. GARRISON, Judge.

Margaret C. Rathbun and Jack W. Rathbun, trustees of The Rathbun Trust ("Lessor"), filed suit against The CATO Corporation ("Lessee") for rent and possession, claiming that Lessee had not paid the full amount of lease payments required by a lease agreement entered into by the parties in July 1997 ("the Lease"). Lessee filed a counterclaim seeking a declaration that it was obligated to pay rent only in the amount it had been paying rather...

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