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TIMBERLAND FOREST PRODUCTS, INC. v. FRANKS

No. SD 31898.

419 S.W.3d 806 (2013)

TIMBERLAND FOREST PRODUCTS, INC., Plaintiff-Appellant, v. Dennis C. FRANKS and Timberland Machinery, Inc., Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 2, 2013.

Application for Transfer Denied May 28, 2013.

Attorney(s) appearing for the Case

Leonard B. Rose , Amy Loth Allen , and Brett J. Coppage , Lathrop & Gage, L.L.P., Kansas City, MO, for Appellant.

Justin H. Nelson , Garrett & Silvey, West Plains, MO, for Respondents.

GARY W. LYNCH, P.J.

Timberland Forest Products, Inc. ("TFP"), appeals the trial court's judgment on a jury verdict in favor of Dennis Franks ("Franks") and Timberland Machinery, Inc. ("Timberland Machinery") (collectively "Defendants"). TFP argues that the trial court erred in denying its motions for directed verdict and judgment notwithstanding the verdict because the settlement agreement at issue unambiguously required that its geographic scope restricting Defendants...

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