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HOME SERVICE OIL COMPANY v. WESTMORELAND

No. ED 85223.

180 S.W.3d 44 (2005)

HOME SERVICE OIL COMPANY, Plaintiff-Respondent, v. Louis WESTMORELAND, et al., Defendants-Appellants, v. Phillips Petroleum Company, Third Party Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

December 20, 2005.

Attorney(s) appearing for the Case

Douglas Paul Roller, Amy Elizabeth Hoch (co-counsel), Clayton, MO, for appellants Louis Westmoreland, Joyce Westmoreland and Guy Westmoreland.

Floyd Terral Norrick, Hillsboro, MO, for respondent Home Service Oil Co.

Ian Paul Cooper, St. Louis, MO, for third party defendant Phillips Petroleum Corp.

Before GARY M. GAERTNER, SR., P.J., GEORGE W. DRAPER III, J., and KENNETH M. ROMINES, J.

ORDER

PER CURIAM.

Defendant-Appellant Louis Westmoreland, et al., ("Westmoreland") appeals from the judgment of the Circuit Court of Franklin County, after a jury found for Plaintiff-Respondent Home Service Oil Company ("Home Service") in its claim for monetary damages against Westmoreland arising from an alleged breach of contract. In addition, the jury found for Home Service on Westmoreland's counterclaim for damages arising from alleged breach...

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