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HARRIS v. STATE BANK AND TRUST COMPANY OF WELLSTON

No. 56251.

484 S.W.2d 177 (1972)

Charles HARRIS, d/b/a Harris Super Market, Appellant, v. STATE BANK AND TRUST COMPANY OF WELLSTON et al., Respondents.

Supreme Court of Missouri, Division No. 2.

September 11, 1972.

Attorney(s) appearing for the Case

Donald V. Nangle, St. Louis, for appellant.

John C. Danforth, Atty. Gen., John C. Craft, D. Brook Bartlett, Asst. Attys. Gen., Jefferson City, for State Treasurer of Missouri, William E. Robinson.

Cook & Vetter, Jefferson City, for Central Missouri Trust Co.

MORGAN, Presiding Judge.

Plaintiff's petition for a declaratory judgment was dismissed by the trial court for failure to state a cause of action upon the motion of each of the defendants. (Sections 527.010-527.140, RSMo 1969, V. A.M.S.; and Supreme Court Rule 87.) Plaintiff has appealed.

The petition reflects that plaintiff was engaged in the retail grocery business; that he had cashed certain "state" checks issued by the Treasurer of Missouri payable from...

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