Midwest Energy, Inc. v. Orion Food Systems, Inc.

I concur in the disposition of the breach of contract claim. I would affirm the judgment on the remaining counts as well.

As Orion correctly points out in its brief, Midwest’s response to the motion for summary judgment did not comply with Rule 74.01. Midwest did admit or deny each of the material facts set forth in separate numbered paragraphs in Orion’s motion but failed to “set out each additional material fact that remains in dispute” and failed to “support each factual statement asserted in the response with specific references to where each such fact appears in the pleadings, discovery…