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BONNEY v. FARMER

No. 11841.

613 S.W.2d 463 (1981)

John E. BONNEY, Peggy R. Bonney and Bonney Properties, Inc., d/b/a Lakeside Motel, Plaintiffs-Appellants, v. Lee W. FARMER, Richard Fowler, Farmer-Foster Insurance Agency, Inc., First National Bank of Linn Creek, and the Aetna Casualty and Surety Company, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

March 10, 1981.

Attorney(s) appearing for the Case

Harvey M. Tettlebaum, Jefferson City, for plaintiffs-appellants.

Harold J. Fisher and James B. Condry, Woolsey, Fisher, Whiteaker, McDonald & Ansley, Springfield, for defendants-respondents Farmer-Foster Insurance Agency, Inc. and Lee W. Farmer, individually.

James H. McLarney, Swanson, Midgley, Gangwere, Clarke & Kitchin, Kansas City, for defendant-respondent First National Bank of Linn Creek.

Alex Bartlett, Jefferson City, for defendant-respondent Aetna Casualty and Surety Co.

PREWITT, Presiding Judge.

Plaintiffs' lawsuit was dismissed for failure to prosecute. The suit, alleging a fraudulent conspiracy, was filed September 11, 1975. In March 1978, plaintiffs filed a motion stating that discovery was complete and requested a trial setting. Trial was set for July 5 and 6, 1978. On July 3, 1978, plaintiffs requested a continuance because plaintiff John E. Bonney was hospitalized and would remain hospitalized through the commencement of the...

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