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GIBBONS v. J. NUCKOLLS, INC.

No. SC 88023.

216 S.W.3d 667 (2007)

Rodney D. GIBBONS, Appellant, v. J. NUCKOLLS, INC., d/b/a Fenton Auto Sales, Respondent.

Supreme Court of Missouri, En Banc.

March 20, 2007.

Attorney(s) appearing for the Case

Bernard E. Brown, Fairway, KS, Mitchell B. Stoddard, St. Louis, for appellant.

Paul E. Martin, Keith K. Cheung, St. Louis, for respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., James R. Layton, State Solicitor, Peter A. Lyskowski, Asst. Atty. Gen., Jefferson City, for Amicus Curiae Missouri Attorney General.

Gregory C. Mitchell, Jamie J. Cox, Johnny K. Richardson, Jefferson City, for Amicus Curiae Missouri Automobile Dealers' Association.

Alan Kimbrell, Ballwin, for Amicus Curiae ADESA Missouri, Inc.

RONNIE L. WHITE, Judge.

I.

Rodney Gibbons appeals the circuit court's dismissal of his claim against J. Nuckolls, Inc., d/b/a Fenton Auto Sales (Nuckolls), alleging a violation of the Merchandising Practices Act (MPA). The Court holds that wholesalers are "persons" for purposes of the MPA. The circuit court's judgment is reversed, and the case is remanded.

II.

Nuckolls is an automobile wholesaler. Gibbons purchased a car from a dealership...

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