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CHOUTEAU DEVELOPMENT v. SINCLAIR MARKETING

No. WD 65660.

200 S.W.3d 68 (2006)

CHOUTEAU DEVELOPMENT CO., LLC, Appellant, v. SINCLAIR MARKETING, INC. n/k/a, Sinclair Oil Corp., Respondent, v. Board of Trustees of Missouri Petroleum Storage Tank Insurance Fund, Third Party Defendant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 2006.

Application for Transfer Denied September 26, 2006.

Attorney(s) appearing for the Case

Paul G. Schepers, Kansas City, for appellant.

Stephen Girard Mirakian, Kansas City, for respondent.

Timothy P. Duggan, Jefferson City, for defendant.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 2006.

RONALD R. HOLLIGER, Judge.

Chouteau Development Co., LLC, ("Chouteau") appeals the trial court's grant of summary judgment to Sinclair Marketing, Inc. ("Sinclair"), finding that Sinclair had no liability to Chouteau for costs incurred when Chouteau removed petroleum tanks from a site previously owned by Sinclair. Chouteau alleges in two points that the trial court erred in finding...

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