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202950P.pdf   07/09/2021  Pietoso, Inc.  v.  Republic Services, Inc.
   U.S. Court of Appeals Case No:  20-2950
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges] 
   Civil case - Contracts. Plaintiff's payment of invoices did not constitute 
   actions and practices manifesting its consent to "optional reason" 
   increases, which plaintiff could, pursuant to the provisions of the 
   contract, reject and refuse to pay; the court could not conclude at this 
   stage of the litigation that plaintiff's invoice payments manifested its 
   consent to pay the optional reason increases and it cannot be decided 
   whether defendant breached the agreement by imposing the optional reason 
   increases without plaintiff's consent; the dismissal of plaintiff's 
   breach-of-contract claims is reversed and the case remanded for further 
   proceedings.