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LEUZINGER v. MERRILL LYNCH, PIERCE, FENNER & SMITH

Nos. 51034, 51168.

396 S.W.2d 570 (1965)

Leta M. LEUZINGER, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Defendant, and North Kansas City State Bank, Respondent. Leta M. LEUZINGER, Appellant, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., a corporation, Respondent, and North Kansas City State Bank, Defendant.

Supreme Court of Missouri, En Banc.

Motion to Modify or for Rehearing Denied December 13, 1965.

Attorney(s) appearing for the Case

Robert B. Langworthy, John R. Cleary, Kansas City, for appellant, Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, of counsel.

Darrell L. Havener, Robert C. Canfield, Kansas City, for respondent. Merrill Lynch, Pierce, Fenner & Smith, Inc., Watson, Ess, Marshall & Enggas, Kansas City, of counsel.

Wm. Coleman Branton, Kent E. Whittaker, Kansas City, for respondent, North Kansas City State Bank, Brewer, Myers & Branton, Kansas City, of counsel.

HOUSER, Commissioner.

Action by Leta M. Leuzinger against a brokerage firm (hereinafter "Merrill Lynch") and a bank to recover $29,562.82 for breach of defendants' obligations as brokers and bankers. Merrill Lynch filed a motion for summary judgment, which was sustained as to that defendant. The bank filed a motion to dismiss, which was sustained as to the bank. Separate appeals were taken to this court by plaintiff. The two appeals were consolidated for hearing,...

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