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WILLITS v. PEABODY COAL CO., LLC

No. ED 94777.

332 S.W.3d 260 (2010)

Patricia WILLITS, et al., Appellants, v. PEABODY COAL COMPANY, LLC, et al., Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 1, 2011.

Application for Transfer Denied March 29, 2011.

Attorney(s) appearing for the Case

Gerard Carmody , St. Louis, MO, George A. Barton , Kansas City, MO, for appellant.

John S. Sandberg , Thomas B. Weaver , St. Louis, MO, Mason L. Miller , Lexington, KY, for respondent.

CLIFFORD H. AHRENS, Judge.

Patricia Willits, William G. Parrott, Jr., and Donald Petrie, Trustee of the PPW Royalty Trust, collectively "Plaintiffs" appeal from the judgment of the trial court denying their motion for partial summary judgment and granting the motions for summary judgment of the Peabody Defendants and the Armstrong Defendants.1 Finding no error, we affirm.

In 1946, W.G. Parrott, father of William G. Parrott, Jr...

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