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HORIZON MEMORIAL GROUP, L.L.C. v. BAILEY

No. WD 68755.

280 S.W.3d 657 (2009)

HORIZON MEMORIAL GROUP, L.L.C., and Bailey & Cox Family Funeral Service, L.L.C., Appellants, v. Mark H. BAILEY, Defendant, Memorial Park Cemetery Association of Missouri and Henry W. Devry, III, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 2009.

Application for Transfer Denied May 5, 2009.

Attorney(s) appearing for the Case

R. Dan Boulware, Edwin H. Smith, St. Joseph, MO, for Appellants.

William J. Foland, Jr., Kansas City, MO, Frederick R. Edmunds, Overland Park, KS, for Respondents.

Before RONALD R. HOLLIGER, P.J., LISA WHITE HARDWICK, and JAMES EDWARD WELSH, JJ.

JAMES EDWARD WELSH, Judge.

Horizon Memorial Group, L.L.C. (Horizon) and Bailey & Cox Family Funeral Services, L.L.C. (Bailey & Cox) sued Mark Bailey for breach of their non-compete agreement and sued Memorial Park Cemetery Association of Missouri (Memorial Park) and Henry W. DeVry, III (DeVry) for tortious interference of the agreement. The jury found for Horizon and Bailey & Cox on both claims. The jury awarded them $439,273 in compensatory damages and...

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