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KUNKEL v. HERTZOG

No. WD 68498.

263 S.W.3d 735 (2008)

Charles J. KUNKEL, et al., Respondent, v. Jerry L. HERTZOG, et al., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 30, 2008.

Attorney(s) appearing for the Case

Sherwin L. Epstein, Kansas City, MO, for Respondent.

Elvin S. Douglas, Jr., Harrisonville, MO, for Appellant.

Before JOSEPH M. ELLIS, Presiding Judge, LISA WHITE HARDWICK, Judge and JOSEPH P. DANDURAND, Judge.

ORDER

PER CURIAM.

Jerry L. Hertzog and Helen Jane Hertzog appeal from a partial summary judgment granted in favor of Charles Kunkel, Jr. and Catherine M. Kunkel on the Kunkels' claim for breach of contract and/or unjust enrichment. After a thorough review of the record and viewing the facts in the light most favorable to the non-moving party, we find that the Kunkels made a prima facie showing that summary judgment was proper and the Hertzogs failed...

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