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LAKE OZARK CONST. INDUST. v. OSAGE LAND CO.

No. WD 63528.

168 S.W.3d 471 (2005)

LAKE OZARK CONSTRUCTION INDUSTRIES, INC., et al., Appellants, v. OSAGE LAND COMPANY, L.L.C., et al., Defendants, Golf Trust of America, L.P., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 31, 2005.

As Modified May 31, 2005.

Application for Transfer Denied August 30, 2005.

Attorney(s) appearing for the Case

Reid F. Holbrook, Overland Park, KS, for appellants.

David James Kornelis, Kansas City, MO, for respondents.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 2005.

EDWIN H. SMITH, Chief Judge.

Lake Ozark Construction Industries, Inc. (LOCI), and its parent company, Everett Holding Company, appeal from the judgment of the Circuit Court of Miller County granting the respondent, Golf Trust of America, L.P. (Golf Trust), summary judgment on Counts IV and V of the appellants' six-count, second amended petition and the dismissal of those counts with...

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