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Diffley v. Royal Papers

Court of Appeals of Missouri
948 S.W.2d 244 (1997)


Facts

Royal Papers, Inc. (Royal) (defendant) had a collective-bargaining agreement with its employees, under which Royal agreed to contribute a certain amount to a pension plan each week. The pension plan was administered by Richard Diffley and other trustees (trustees) (plaintiffs). The trustees issued a memorandum to Royal and the other employers that were contributing to the pension plan. The memorandum stated that if an employer was late in submitting a monthly contribution to the pension plan, the employer would be assessed a late penalty of 10 percent of the contributions that were due for that month. Royal made two late contributions to the pension plan. The trustees sued Royal to collect a late fee of $210 for the two late contributions. The trial court entered summary judgment in favor of Royal, and the trustees appealed.

Rule of Law

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Issue

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Holding and Reasoning (Crane, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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