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CENTERRE BANK v. BAY

No. 50669.

714 S.W.2d 729 (1986)

CENTERRE BANK, Plaintiff-Respondent, v. Miles E. & Hope M. BAY and; Miles E. & Hope M. Bay; d/b/a Bay Oil Company, and; Bay's Texaco Service & Supply Inc. and; Bay's Texaco Service & Supply Inc. d/b/a Bay's Service Center and; Ed Bowers, d/b/a Ed's Service Center. Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 16, 1986.

Application to Transfer Denied September 16, 1986.

Attorney(s) appearing for the Case

Frank K. Carlson, Melvin G. Franke, Union, for defendants-appellants.

David L. Baylard, A. David Arand, Union, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 16, 1986.

KAROHL, Presiding Judge.

Defendants, Miles and Hope Bay, d/b/a, Bay's Texaco Service and Supply, Inc., appeal trial court order denying defendants' motion to set aside default judgment for irregularity under Rule 74.32. Defendants claim the award of damages in the judgment for the plaintiff, Centerre Bank, was unsupported by any evidence and that this constitutes a Rule 74.32 irregularity...

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