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FIRST COMMUNITY STATE BK. OF SAVANNAH v. PEMBERTON

Nos. KCD 26039, 26054 and 26092.

493 S.W.2d 692 (1973)

FIRST COMMUNITY STATE BANK OF SAVANNAH, Appellant, v. H. Duane PEMBERTON, Respondent. STATE ex rel. FIRST COMMUNITY STATE BANK OF SAVANNAH, Relator, v. H. Duane PEMBERTON, Respondent. STATE ex rel. FIRST COMMUNITY STATE BANK OF SAVANNAH, Relator, v. Honorable Fred E. SCHOENLAUB, Respondent.

Missouri Court of Appeals, Kansas City District.

April 2, 1973.

Attorney(s) appearing for the Case

Kenneth Cohn, Theodore J. Furry, Birmingham & Furry, Kansas City, for appellant-relator.

John C. Danforth, Atty. Gen., Gene E. Voigts, 1st Asst. Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD and WASSERSTROM, JJ.

WASSERSTROM, Judge.

On December 30, 1971, the Commissioner of Finance took possession of the First Community State Bank of Savannah pursuant to the authority of § 361.300 RSMo 1969, V.A.M.S. Within ten days thereafter, the Bank filed in the Circuit Court of Andrew County under the provisions of § 361.360 a motion to require the Commissioner to show cause why he should not be enjoined from continuing in possession...

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