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SOUTHWESTERN BELL TELEPHONE CO. v. KINEALY

No. 43854.

623 S.W.2d 63 (1981)

SOUTHWESTERN BELL TELEPHONE COMPANY, a corporation, Appellant, v. James KINEALY, d/b/a J-K Appliance Service, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

September 29, 1981.

Attorney(s) appearing for the Case

Daniel E. Reuter, Clayton, for appellant.

Leland C. Smith, II, St. Charles, for respondent.

CRIST, Presiding Judge.

This is a civil action for the balance alleged to be due on an advertising contract. The lawsuit was filed in the Associate Circuit Court of St. Charles County, pursuant to Chapter 517.010 et seq., RSMo.1978. Respondent (Kinealy) chose not to file an answer since none is required under Section 517.050. Kinealy failed to make any specific averment as to appellant's (Southwestern Bell) corporate existence and ability to sue.

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