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Court of Appeals, Western District

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Civil Practice: Damages Claims – Res Judicata – Collateral Estoppel

Where homeowners whose home was damaged by a drainage problem sued the city for negligence in the maintenance of the public storm water system, a subsequent claim for damages by the landowners against the subdivision developers and previous homeowners for ...

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Insurance: Uninsured Motorist – Work Comp Benefits – Public Policy

Where a plaintiff received workers’ compensation benefits after being injured in an accident with an uninsured motorist while working, policy provisions in uninsured motorist policies that reduced coverage where the insured receives work comp benefits were not void as against ...

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Criminal Law: Drug Trafficking – Ruse Checkpoint – Sufficiency Of Evidence

(1)Where officers during a traffic stop of a car that left the highway immediately after seeing a sign announcing a drug checkpoint observed that the passenger was nervous, was a prior drug offender and carried a large stack of cash ...

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Civil Practice: Class Action – Settlement Agreement – Jurisdiction

Where a mortgage company that was a defendant in a class action suit over alleged mortgage act violations filed a motion for the trial court to interpret and enforce the parties’ settlement agreement, the trial court erred in granting the ...

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Missouri Court of Appeals Western District: Criminal law

Second-degree assault; DWI WD69152 State of Missouri, Respondent, v. Mark A. Royal, Appellant Appeal From: Jackson County Circuit Court, Judge James D. Williamson, Jr. Handdown Date: 3/3/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Ellis and Welsh, concur ...

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Real Property: Foreclosure Sale – Bidding Error – Equitable Relief

Where a mortgage company sought equitable relief after it inadvertently extinguished the indebtedness of a debtor, precluding enforcement of the additional collateral securing its note, when it made a “full credit bid” at a foreclosure sale, the trial court did ...

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