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Title XXVI TRADE AND COMMERCE

 Chapter 416

previous next Effective - 28 Aug 1959bottom

  416.455.  Person injured by violation may intervene in or bring injunction action. — Any person who is injured in business or property by reason of another person's violation of any provision of sections 416.410 to 416.560 may intervene in the suit for injunction instituted pursuant to section 416.450 against the other person or he may bring a separate action and recover three times the actual damages sustained as a result of the violation, together with the costs of the suit, or may sue to enjoin the violation of any provision of sections 416.410 to 416.560.

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(L. 1959 H.B. 255 § 10)

(1969) Construction of this section by federal court in Albrecht Dairy Co. v. Dean Foods Co. (Mo.), 396 F.(2d) 652, applied by Missouri Supreme Court. Collier v. Roth (Mo.), 434 S.W.2d 502.

(1971) Treble damages under this provision are discretionary with the trier of fact. Collier v. Roth (A.), 468 S.W.2d 57.


---- end of effective   28 Aug 1959 ----

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