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SCHWAB v. NATIONAL DEALERS WARRANTY, INC.

No. ED 92373.

298 S.W.3d 87 (2009)

John M. SCHWAB, et al., Appellants, v. NATIONAL DEALERS WARRANTY, INC., Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 21, 2009.

Application for Transfer Denied December 22, 2009.

Attorney(s) appearing for the Case

Joe D. Jacobson, David T. Butsch, James J. Simeri, Clayton, MO, for appellants.

Thomas B. Weaver, Lisa M. Wood, Armstrong Teasdale LLP, St. Louis, MO, for respondent.

ROY L. RICHTER, Judge.

John M. Schwab, et al. ("Employees") appeal from the judgment of the Circuit Court of St. Louis County granting summary judgment in favor of National Dealers Warranty, Inc. ("Employer"). We affirm.

I. BACKGROUND

The sole issue in this case is whether Employees' compensation constituted a "commission" as defined in Section 407.911 RSMo Cum.Supp.2005.1 Employer is in the business of selling extended...

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