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EMPIRE BANK v. WALNUT PRODUCTS, INC.

No. 15402.

752 S.W.2d 404 (1988)

EMPIRE BANK, Respondent, v. WALNUT PRODUCTS, INC., C & D Sales, Inc., and Kenneth K. Christgen, Sr., Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied May 31, 1988.

Application to Transfer Denied July 26, 1988.

Attorney(s) appearing for the Case

Martin M. Bauman, St. Joseph, for appellants.

B.H. Clampett, James L. Bowles, Daniel, Clampett, Lilley, Dalton, Powell & Cunningham, Springfield, for respondent.

Motion for Rehearing or Transfer to Supreme Court Denied May 31, 1988.

HOLSTEIN, Judge.

Defendants Walnut Products, Inc., C & D Sales, Inc., and Kenneth K. Christgen, Sr. (hereafter "defendants") appeal from a dismissal of their identical counterclaims, each alleging fraud by plaintiff Empire Bank (hereafter "Bank"). The trial court sustained the Bank's motion to dismiss the three counterclaims. We affirm in part, reverse in part, and remand.

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