The Empire District Electric Company, a Kansas Corporation, and Westar Generating, Inc., a Kansas Corporation v. John Thomas Scorse, as trustee under that certain Trust Agreement dated November 17, 1976, and its unknown successors and assigns, and John Thomas Scorse, individually, and his unknown heirs and assigns

SUPREME COURT OF MISSOURI en banc THE EMPIRE DISTRICT ELECTRIC ) Opinion issued April 20, 2021 COMPANY, A KANSAS CORPORATION, ) AND WESTAR GENERATING, INC., A ) KANSAS CORPORATION, ) ) Respondents, ) ) v. ) No. SC98380 ) JOHN THOMAS SCORSE, AS TRUSTEE ) UNDER THAT CERTAIN TRUST ) AGREEMENT DATED NOVEMBER 17, 1976, ) AND ITS UNKNOWN SUCCESSORS AND ) ASSIGNS, AND JOHN THOMAS SCORSE, ) INDIVIDUALLY, AND HIS UNKNOWN ) HEIRS AND ASSIGNS, ) ) Appellant. ) APPEAL FROM THE CIRCUIT COURT OF NEWTON COUNTY The Honorable Kevin Selby, Judge The Empire District Electric Company and Westar Generating, Inc.,…