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Civil Practice : Standing – Breach Of Fiduciary Duty

Where a contributor to and beneficiary of the Missouri Petroleum Storage Tank Insurance Funds challenged the grant of summary judgment to a corporation in a dispute that arose over reimbursements for the cleanup of underground storage tanks, the appellant lacked standing except as to a count alleging a breach of fiduciary duties since nothing in the earlier cases precluded fund beneficiaries from litigating such an alleged breach.
Judgment is affirmed in part; reversed in part; remanded.

Wagoner v. ConocoPhillips (MLW No. 70375/Case No. SD34293 – 11 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Greene County, Perigo, J. (Thomas W. Millington and Kathryn Ann Millington, Springfield, for appellant) (Glenn Burhans, Tallahassee, Florida; Ashley Lowe Norgard, Kansas City, Missouri; Virginia Lynne Fry, Springfield; and Brian Lee Allard, Jefferson City, for respondents).

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