Egloff v. Wilcox Electric Co.

MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON COUNT III (Service Letter Count) OF PLAINTIFF’S COMPLAINT

JOHN W. OLIVER, Senior District Judge.

Pursuant to agreed procedures, this case pends on defendant’s motion for summary judgment on Count III (Service Letter Count) of plaintiff’s complaint. Two questions are presented: (1) did plaintiff make a sufficient request for a service letter pursuant to Mo.Ann.Stat. § 290.140 and (2) is the defendant estopped from challenging the sufficiency of plaintiff’s alleged request. We find and conclude that under the undisputed…