Next Day Motor Freight, Inc., a Missouri corporation, Plaintiff/Appellant, v. Lincoln National Life Insurance Company, an Indiana corporation, Charles H. Wittenberg, individually, C.J. Thomas Company, a Missouri general partnership, CHW Corp., as a general partner in C.J.Thomas Company, J.C. Miller Corp., as a general partner of C.J. Thomas Company, Gerald J. Grigone, Inc., as a general partner of C.J. Thomas Company, Defendants/Respondents.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Next Day Motor Freight, Inc., a Missouri corporation, Plaintiff/Appellant, v. Lincoln National Life Insurance Company, an Indiana corporation, Charles H. Wittenberg, individually, C.J. Thomas Company, a Missouri general partnership, CHW Corp., as a general partner in C.J.Thomas Company, J.C. Miller Corp., as a general partner of C.J. Thomas Company, Gerald J. Grigone, Inc., as a general partner of C.J. Thomas Company, Defendants/Respondents. Case Number: No. 71119 Handdown Date: 07/22/1997 Appeal From: Circuit Court of the City of St. Louis, Hon. Daniel T. Tillman Counsel for Appellant: Helmut Starr & Lisa S. Leary Counsel for Respondent: Don R. Sherman & Lori R. Koch Opinion Summary: None Citation: Opinion Author: Per Curiam Opinion Vote: AFFIRMED. Russell, P.J., Simon and Karohl, JJ., concur. Opinion:

O R D E R Plaintiff, Next Day Motor Freight, Inc., appeals from a judgment in a court tried case in favor of defendants on its claims of negligence and breach of contract arising from defendants' alleged failure to adequately perform their obligations under an insurance brokerage contract with plaintiff, and the breach of their duty to use reasonable care in advising plaintiff. Having settled with Lincoln National Life Insurance Company, plaintiff proceeded against the remaining defendants. Plaintiff sought recovery of its attorney's fees and costs. We have reviewed the briefs of the parties and the record on appeal. The trial court's judgment is supported by substantial evidence and is not against the weight of the evidence. No error of law appears. An opinion would have no

precedential value. We affirm pursuant to Rule 84.16(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.