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LaFARGE NORTH AMERICA, INC. v. MILLER

No. WD 74424.

375 S.W.3d 852 (2012)

LaFARGE NORTH AMERICA, INC., Respondent, v. Danieal MILLER, Appellant.

Missouri Court of Appeals, Western District.

August 7, 2012.

Attorney(s) appearing for the Case

Michael W. Bartolacci , St. Louis, MO, for respondent.

Bradley H. Lockenvitz , Columbia, MO and James M. Garrett , Kirksville, MO, for appellant.

Before Division One: JAMES M. SMART, JR., Presiding Judge, LISA WHITE HARDWICK, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Danieal H. Miller ("Miller"), appeals the circuit court's judgment granting summary judgment to Lafarge North America, Inc. ("Lafarge") based on Lafarge's claim against Miller on a credit account in arrears. For the reasons explained below, we reverse the judgment against Miller and remand.

Factual Background

Miller is the sole member of Tiger Ready Mix LLC ("Tiger"), a Limited Liability Company in the cement business in Columbia...

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