Missouri Bank & Trust Co. v. Gas-Mart Development Co.

GREENE, J.:

Gas-Mart U.S.A., Inc. (Gas-Mart), the successor in interest and surviving corporation after its 2002 merger with Gas-Mart Development Company, Inc., appeals the district court’s judgment confirming an arbitration award of $122,569.97 (after setoff) in favor of Cherry & Associates, Inc. (Cherry or contractor) and its assignee, Missouri Bank & Trust Co. (Missouri Bank), as a result of claims by and between Gas-Mart and Cherry under a construction contract. Gas-Mart argues that (i) the district court committed procedural error in granting a motion for judgment on the pleadings; (ii)…