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Court of Appeals, Western District

Arbitration: Loan Agreement – Proper Party – ‘Successors And Assignee’

Where borrowers who claimed they were not properly credited for loan payments identified defendant as the party to which they were obligated to make payments, the borrowers acknowledged that the defendant had been assigned the rights of the lender, so ...

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Domestic Relations: Marital Property – Personal Injury Settlement – Monthly Payments

(1)Where a trial court in a dissolution found that monthly annuity payments from a personal injury settlement entered into by the husband were the husband’s non-marital property, the judgment is affirmed because the husband refuted the presumption that the payments ...

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Criminal Law: Double Jeopardy – State And Federal Prosecution – Dual Sovereignty

Where a defendant was convicted in federal court and then state court on charges of possessing the same machine guns, double jeopardy does not prohibit the prosecution under the principle of dual sovereignty. Judgment is affirmed. State v. George (MLW ...

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Criminal Law: Double Jeopardy – Child Pornography Charges – Lesser-Included Offense

Where a defendant who pleaded guilty to possessing child pornography in Clay County was then charged with promoting child pornography in Platte County, the charges against the defendant arose from the same conduct, which was possession of the same file, ...

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Missouri Court of Appeals Western District: Arbitration

Enforcement; waiver WD69823 Major Cadillac Inc., Respondent, v. General Motors Corp., Appellant Appeal From: Jackson County Circuit Court, Judge William Stephen Nixon Handdown Date: 2/17/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Lowenstein and Howard concur General Motors ...

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Real Property: Adverse Possession – Open And Notorious – Fence Maintenance

Where landowners who sought title to a section of property by adverse possession argued that they grazed cattle and maintained fences on the land, these acts were not sufficient alone to demonstrate open and notorious possession, so the trial court’s ...

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Missouri Court of Appeals Western District: Workers’ compensation

Application for review; motion to strike WD69637 Paul Jones, Respondent, v. Lico Steel, Appellant, Treasurer of the State of Missouri – Custodian of the Second Injury Fund, Respondent Appeal From: The Labor and Industrial Relations Commission Handdown Date: 2/10/2009 Opinion ...

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