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MARK TWAIN ELEC., INC. v. YALEM

No. 60299.

825 S.W.2d 366 (1992)

MARK TWAIN ELECTRIC, INC., Appellant, v. James P. YALEM and Ross Boring, Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

February 25, 1992.

Attorney(s) appearing for the Case

Canice Timothy Rice, Jr., St. Louis, for appellant.

Gallop, Johnson & Neuman, Charles A. Seigel, III, Tod J. O'Donoghue, St. Louis, for respondents.

KAROHL, Judge.

Mark Twain Electric, Inc. (Mark Twain), brought a suit on account for materials and labor against James P. Yalem, Ross Boring and Arthur E. Prell as statutory trustees of Big Four Manufacturing, Inc. (Big Four). Prell was never served; he no longer is a party to this litigation. On the morning of trial, the court sua sponte added Big Four as a party defendant and dismissed the suit against Yalem and Boring...

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