ITT COMMERCIAL FINANCE v. MID-AM. MARINE

No. 75002.

854 S.W.2d 371 (1993)

ITT COMMERCIAL FINANCE CORP., et al., Respondents, v. MID-AMERICA MARINE SUPPLY CORP., d/b/a George Walker's Earth City Marine, et al., Appellants.

Supreme Court of Missouri, En Banc.

April 20, 1993.


Attorney(s) appearing for the Case

Justin C. Cordonnier, Thomas B. Weaver, St. Louis, for appellants.

William R. Bay, Mike W. Bartolacci, St. Louis, for respondents.


ROBERTSON, Chief Justice.

This case raises important issues relating to summary judgment practice. Here, we consider which party bears the burden of establishing the absence of genuine issues of material fact and a legal right to judgment when the party seeking summary judgment is a "claimant" and the non-moving party has raised an affirmative defense.

Plaintiffs, ITT Commercial Finance Corporation (ITT) and Mercantile Bank of St. Louis, N.A. (Mercantile)...

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