Legal Opinion
Commerce Bank of Kansas City, N.A. v. Peabody Coal Co.
Missouri Court of Appeals
Decided June 29, 1993No. WD 46657PublishedCited by 3 opinions
1Opinion of the Court
SHANGLER, Judge.
Commerce Bank of Kansas City, N.A, as personal representative for the Estate of Gladys Kelce, brought suit against Peabody Coal Company and Peabody Development Company for underpayment under a December 7, 1946 royalty agreement, fraud and punitive damages. In their responsive pleading, Peabody denied liability and asserted numerous counterclaims. The trial court sustained the Commerce Bank motion to dismiss Peabody counterclaims I, II, III and V for failure to state claims upon which relief can be granted. These decisions, as the court acknowledged, were influenced by the…
2Cases cited18 opinions
- Cosgrove v. YoungSupreme Court of Kansas · 1981
- Melcher v. CampSupreme Court of Oklahoma · 1967
- Hanson v. WareSupreme Court of Arkansas · 1955
- Justus v. WebbMissouri Court of Appeals · 1982
- Mounts v. RobertsCourt of Appeals of Kentucky (pre-1976) · 1965
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3Cited by3 opinions
- Wedel v. American Electric Power Service Corp.Indiana Court of Appeals · 1997
- Elton v. DavisMissouri Court of Appeals · 2003
- Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc.Court of Appeals for the Ninth Circuit · 2012