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WILLITS v. PEABODY COAL CO., LLC

No. ED 98674.

400 S.W.3d 442 (2013)

Patricia WILLITS, et al., Appellants, v. PEABODY COAL COMPANY, LLC, et al., Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 16, 2013.

Application for Transfer Denied June 25, 2013.

Attorney(s) appearing for the Case

George A. Barton , Robert G. Harken , Kansas City, MO, Jeffrey J. Lowe , St. Louis, MO, for appellant.

John S. Sandberg , Timothy C. Sansone , St. Louis, MO, for respondent Peabody Coal Company, et al.

Chris Koster , Jeremiah J. Morgan , Jefferson City, MO, for respondent State of Missouri.

Glenn A. Davis , St. Louis, MO, Mason L. Miller , Lexington, KY, for respondent Armstrong Coal Company and Western Diamond.

ROY L. RICHTER, Judge.

Patricia Parrott Willits, William G. Parrott, Jr., and Donald Petrie (collectively, "Appellants") appeal from the trial court's judgment sustaining the Peabody Defendants'1 and Armstrong Defendants'2 Joint Motion to Dismiss and denying Appellants' Motion for Summary Judgment. Finding Appellants failed to assert their constitutional arguments at the first opportunity available, we need...

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