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CASSERLY v. BENCH

No. 58806.

521 S.W.2d 395 (1975)

Francis A. CASSERLY, Administrator of the Estate of James Egan, Deceased, Respondent, v. Larry BENCH and Elenor Bench, Appellants.

Supreme Court of Missouri, En Banc.

April 14, 1975.

Attorney(s) appearing for the Case

Claude T. Wood, Richland, for respondent.

David W. Bernhardt, Bussell, Hough, Greene & Bernhardt, Springfield, for appellants.

MORGAN, Judge.

The trial court, for the reasons herein considered, entered an order striking the answer and counterclaim of defendants, and thereafter entered a default judgment in favor of plaintiff. An appeal was taken to the Court of Appeals, Springfield District, and after opinion therein this court sustained an application to transfer. We now consider the same "as on original appeal." Rule 83.09, V.A.M.R.

Plaintiff...

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