WARMANN v. EBELING

No. 44071.

625 S.W.2d 691 (1981)

Floyd C. WARMANN and Jeanette Rand Mitchell, Appellants, v. Morris K. EBELING, George P. Meier and David R. Mars, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

December 1, 1981.


Attorney(s) appearing for the Case

Alan G. Kimbrell, St. Louis, for appellants.

Albert M. Schlueter, Lamar E. Ottsen, Jr., Clayton, for respondents.


CLEMENS, Senior Judge.

Plaintiffs Warmann and Mitchell sued defendants Ebeling, Meier and Mars. They alleged fraud in the sale of grain elevators. Defendants Meier and Mars moved for summary judgment and plaintiffs have appealed from the trial court's order granting that motion.

Preliminarily we note that the judgment appealed from is silent as to defendant Ebeling. Here, defendants Meier and Mars squarely challenge the judgment's appealability since it did...

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