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STATE v. MORGANSTEIN

No. 66987.

703 S.W.2d 894 (1986)

STATE ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, etc., Respondent, v. Mary E. MORGANSTEIN, et al., Defendants, Ardeis H. Myers, Exceptions of A.H. Meyers, Jr., Defendants, Commerce Bank of Kansas City, Missouri, N.A., Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 18, 1986.

Attorney(s) appearing for the Case

James Borthwick, Michael D. Gibbons, Kansas City, for appellant.

Earl H. Schrader, Jr., Bruce Ring, Gary McMillan, Kansas City, for respondent.

ROBERTSON, Judge.

Commerce Bank appeals from the entry of summary judgment against it by the trial court. The issue is whether the trial court has jurisdiction over Commerce Bank (hereafter the Bank) under Rule 81.11 as a result of a letter of credit issued to the Missouri Highway and Transportation Commission (hereafter the Commission) by the Bank on behalf of Flora E. Myers. The letter of credit was issued to stay the execution of a judgment obtained by the Commission...

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