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GADBERRY v. BIRD

No. ED 86424.

191 S.W.3d 673 (2006)

Russell and Jennifer GADBERRY, Appellants, v. Calvin BIRD and Lacrissa Bird, d/b/a Bird & Associates, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied May 18, 2006.

Attorney(s) appearing for the Case

Jonah T. Yates, Cape Girardeau, MO, for appellant.

Robert Scott Killen, Cape Girardeau, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 18, 2006.

BOOKER T. SHAW, Judge.

Russell and Jennifer Gadberry ("Buyers") appeal from the trial court's judgment in favor of Calvin and LaCrissa Bird d/b/a Bird and Associates ("Broker").1 Buyers contend they established, as a matter of law, that Broker unlawfully converted $25,000 of their funds through misappropriation and by refusing to return their funds upon...

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