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AGRI PROCESS INNOVATIONS v. ENVIROTROL, INC.

Nos. WD 72403, WD 72658.

338 S.W.3d 381 (2011)

AGRI PROCESS INNOVATIONS, INC., Appellant-Respondent, v. ENVIROTROL, INC., Respondent-Appellant.

Missouri Court of Appeals, Western District.

April 5, 2011.

Attorney(s) appearing for the Case

Gary J. Barrett , Little Rock, AR, for Appellant-Respondent.

Greg T. Spies and Mikki L. Copeland , Kansas City, MO, for Respondent-Appellant.

Before Division II: KAREN KING MITCHELL, Presiding Judge, and JOSEPH M. ELLIS and VICTOR C. HOWARD, Judges.

KAREN KING MITCHELL, Presiding Judge.

This is an agency case. The issue on appeal is whether the trial court erred in failing to submit to the jury the issue of whether the alleged agent acted within the scope and course of his alleged agency with the defendant. We hold that it did so err and that it therefore correctly granted the defendant's motion for a new trial. Accordingly, we affirm. The issue on cross-appeal is whether the trial court should have granted the...

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