RUSHING v. SOUTHERN MISSOURI BANK

Nos. 18263, 18268.

859 S.W.2d 211 (1993)

Morgan RUSHING, Plaintiff-Appellant, v. SOUTHERN MISSOURI BANK, Defendant-Appellant, and Robert P. Lowery, Personal Representative of the Estate of Herman Lowery, Deceased, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

August 10, 1993.


Attorney(s) appearing for the Case

Thomas W. Millington, Schroff, Glass & Newberry, P.C., Springfield, for plaintiff-appellant Morgan Rushing.

William L. Mauck, David L. Wieland, Yates, Mauck, Bohrer, Elliff, Croessmann and Wieland, P.C., Springfield, for defendant-appellant Southern Missouri Bank.

Thomas W. Cline, Gainesville, for respondent Robert P. Lowery, Personal Representative of Estate of Herman Lowery, Deceased.


CROW, Presiding Judge.

This lawsuit began when the owner of a certificate of deposit sued the depository, alleging it surrendered the funds to an unauthorized person. From that innocuous nascence, the parties steered the case through a procedural labyrinth to a summary judgment disposing of fewer than all issues. The murky path we must negotiate requires an introduction of the three parties filing briefs. They are:

Morgan Rushing ("Plaintiff"), appellant...

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