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SMITHEY v. DAVIS

No. 15164.

752 S.W.2d 486 (1988)

Charles F. SMITHEY, Respondent, v. Waco DAVIS, Appellant.

Missouri Court of Appeals, Southern District, Division One.

June 21, 1988.

Attorney(s) appearing for the Case

Janice P. Noland, Camdenton, for appellant.

David E. Wilhite, Donnelly, Baldwin, Wilhite and Moore, Lebanon, for respondent.

HOLSTEIN, Judge.

Pursuant to a motion for summary judgment, plaintiff Charles E. Smithey was awarded a judgment in the sum of $9,000 against defendant Waco Davis. Davis appeals claiming that the trial court erred in entering an interlocutory judgment of default against him after he failed for the second time to appear to give his deposition and that the trial court erred in granting summary judgment on the issue of damages because genuine issues as to material facts...

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