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GOVER v. EMPIRE BANK

No. 10034.

574 S.W.2d 464 (1978)

Vance K. GOVER, Kenneth E. Johnston, Tom B. Kretsinger, Warren H. Sapp, and William H. Tate, Plaintiffs-Appellants, v. EMPIRE BANK, a Banking Corporation, Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied December 6, 1978.

Application to Transfer Denied January 8, 1979.

Attorney(s) appearing for the Case

Tom B. Kretsinger, Warren H. Sapp, Kansas City, for plaintiffs-appellants.

J. Douglas Cassity, Springfield, for defendant-respondent.

Before BILLINGS, C. J., and STONE and TITUS, JJ.

STONE, Judge.

In this court-tried action, plaintiffs-appellants Gover, Johnston, Kretsinger, Sapp and Tate, who were "at all times relevant herein" members of the board of directors of Refrigerated Food Lines, Inc. (RFL), sought a decree cancelling a "Loan Guaranty Agreement" dated June 9, 1971, admittedly executed by each plaintiff individually, which guaranteed payment to defendant-respondent Empire Bank of Springfield, Missouri (Empire), "of any and all indebtedness...

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