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COUNTRY CLUB OF OZARKS v. CCO INVESTMENTS

No. SD 30458.

338 S.W.3d 325 (2011)

COUNTRY CLUB OF THE OZARKS, LLC, a Missouri limited liability company, Donker, LLC, a Missouri limited liability company, and Branson National Golf, LLC, a Missouri limited liability company, Plaintiffs-Appellants/Respondents, v. CCO INVESTMENTS, LLC, a Missouri limited liability company, and Mr. Cecil Van Tuyl, Defendants, Counter-Claim Plaintiffs, and Third-Party Plaintiffs-Respondents/Cross-Appellants, v. Charles Barnes, The Cox Family Trust, Michael Frangkiser, Anthony Frazier, Anthony Frazier, as Personal Representative of the Estate of Jack Frazier, Dick Gass, The Osborn Sales Company Integrated Profit Sharing Plan and Trust, and Dr. William Zeller, Third-Party Defendants-Appellants/Respondents.

Missouri Court of Appeals, Southern District, Division Two.

March 25, 2011.

Attorney(s) appearing for the Case

Thomas W. Millington , Springfield, MO, for Appellants/Respondents.

Robert W. Tormohlen , Kansas City, MO, for Respondents/Cross-Appellants.

NANCY STEFFEN RAHMEYER, Presiding Judge.

CCO Investments, LLC ("CCO"), is a limited liability company formed by members Country Club of the Ozarks, LLC ("Country Club"), and Cecil Van Tuyl ("Van Tuyl").1 In 2006, CCO sold its only asset, approximately 345 acres of land. At issue in this case is the distribution of the remaining proceeds of CCO, $5,669,680.23, following the sale of its asset, the approximately 345 acres of land. The disputes...

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