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ROLWING v. NESTLE HOLDINGS, INC.

No. SC93756.

437 S.W.3d 180 (2014)

John M. ROLWING, Appellant-Respondent, v. NESTLE HOLDINGS, INC., Respondent-Appellant.

Supreme Court of Missouri, En Banc.

As Modified on Court's Own Motion August 19, 2014.

Attorney(s) appearing for the Case

Brian Ruschel , Cleveland, OH, James J. Rosemergy , Carey, Danis & Lowe, St. Louis, for Rolwing.

Thomas E. Wack , Bryan Cave LLP, St. Louis, for Nestle.

RICHARD B. TEITELMAN, Judge.

John Rolwing appeals a judgment dismissing with prejudice his petition for breach of contract. Rolwing's petition alleged that Nestle Holdings Inc. violated a stock merger agreement by making a late payment to shareholders. The petition was filed more than five years after the alleged late payment. Rolwing sought recovery of interest for the late payment. The trial court dismissed the petition pursuant to section 516.120(1), which applies...

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