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FANDEL v. EMPIRE DIST. ELEC. CO.

No. SD 31966.

393 S.W.3d 100 (2013)

David H. FANDEL and Dawn C. Fandel, as Trustees of the D & D Foundation Trust dated October 2, 2000, Respondents, v. The EMPIRE DISTRICT ELECTRIC COMPANY, Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 23, 2013.

Attorney(s) appearing for the Case

Harry Styron , Branson, MO, for Respondents.

Mark A. Fletcher , Springfield, MO, for Appellant.

WILLIAM W. FRANCIS, JR., J.

The Empire District Electric Company ("Empire") appeals the trial court's grant of summary judgment in favor of David H. Fandel and Dawn C. Fandel, as Trustees of the D & D Foundation Trust dated October 2, 2000 ("the Trust"). Empire now asserts three points on appeal. We find the third point dispositive and reverse the judgment and remand for further proceedings.

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