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R & J RHODES, LLC v. FINNEY

No. WD 66588.

231 S.W.3d 183 (2007)

R & J RHODES, LLC, Appellant, v. Jerry FINNEY, Rick Fields, Darrell Wattenbarger, William Rhodes, City of Brookfield, and John Wayne Hoyt, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 31, 2007.

Application for Transfer Denied September 25, 2007.

Attorney(s) appearing for the Case

David M. Duree, St. Louis, MO for appellant.

Danette Rardon, Chillicothe, MO, Scot T. Othic, Co-Counsel, Marceline, MO, for respondents Finney and Rhodes.

Jack A. Lewis, North Kansas City, MO, for respondent Fields.

Jeff S. Elson, Brookfield, MO, for respondent City of Brookfield.

Darrell Wattenbarger, Columbia, MO, pro se.

John Wayne Hoyt, Brookfield, MO, pro se.

Before THOMAS H. NEWTON, Presiding Judge, PATRICIA BRECKENRIDGE, Judge and JOSEPH M. ELLIS, Judge.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 31, 2007.

JOSEPH M. ELLIS, Judge.

R & J Rhodes, LLC, appeals from a judgment denying its claims of trespass or, in the alternative, breach of contract, and assessing damages against it for counterclaims of breach of contract and constructive eviction.

In 1985, the City of Brookfield ("the City") entered into a lease with six aircraft owners...

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