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UNITED SAV. AND LOAN v. OZARK CABLE

No. 17507.

821 S.W.2d 587 (1992)

UNITED SAVINGS AND LOAN ASSOCIATION, Plaintiff-Respondent, v. OZARK CABLE AND RECLAMATION COMPANY, INCORPORATED, a defunct Missouri corporation, Statutory Trustee: Arlene A. Mitchell, Defendant, and Arlene A. Mitchell, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 15, 1992.

Attorney(s) appearing for the Case

Richard D. Crites, Springfield, for defendant-appellant.

Nathan Williams, Sunrise Beach, for plaintiff-respondent.

CROW, Judge.

On November 6, 1984, Ozark Cable and Reclamation Company, Inc. ("Ozark") made a $150,000 note payable to the order of United Savings & Loan Association ("United"). Simultaneously, Duane C. Mitchell and Arlene A. Mitchell ("Arlene") signed a "Guaranty" of the note in favor of United.

On September 28, 1989, United filed a two-count petition averring the note was delinquent. Count I pled Ozark had forfeited its corporate charter August 10, 1989...

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