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COMMERCIAL BANK OF GIDEON v. BIEN CO.

No. 17474.

830 S.W.2d 503 (1992)

COMMERCIAL BANK OF GIDEON, A Banking Corporation, Plaintiff/Appellant, v. BIEN CO., INC., Terry Fortner and Lynn Fortner, d/b/a Fortner Construction Company, Defendants/Respondents.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied May 19, 1992.

Application to Transfer Denied June 30, 1992.

Attorney(s) appearing for the Case

Karen J. Miller, Spain, Merrell and Miller, Poplar Bluff, for plaintiff/appellant.

Manuel Drumm, Drumm, Winchester & Gleason, Sikeston, for Bien Co., Inc.

Motion for Rehearing or Transfer to Supreme Court Denied May 19, 1992.

MONTGOMERY, Judge.

Plaintiff, Commercial Bank of Gideon (Bank), brought this court-tried action against Bien Co., Inc. (Bien), Terry Fortner, and Lynn Fortner, his wife, d/b/a Fortner Construction Company (Fortner). Judgment by default in favor of the Bank was rendered on Count III of its Second Amended Petition against Terry Fortner and Lynn Fortner in the amount of $20,028 plus accrued...

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