U.S. Neurosurgical, Inc. v. Midwest Division-RMC, LLC

303 S.W.3d 660 (2010)

U.S. NEUROSURGICAL, INC., Respondent,

v.

MIDWEST DIVISION-RMC, LLC, Appellant.

No. WD 70122.

Missouri Court of Appeals, Western District.

March 2, 2010.

Kenneth L. Marshall, for Appellant.

Richard E. McLeod, for Respondent.

Before Court En Banc: THOMAS H. NEWTON, Chief Judge, Presiding, JOSEPH M. ELLIS, Judge, VICTOR C. HOWARD, Judge, LISA WHITE HARDWICK, Judge, JAMES E. WELSH, Judge, ALOK AHUJA, Judge, MARK D. PFEIFFER, Judge, KAREN KING MITCHELL, Judge and WILLIAM E. TURNAGE, Senior Judge.

VICTOR C. HOWARD, Judge.

Midwest Division — RMC, LLC (RMC) appeals the trial court's…