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HILL BEHAN LUMBER CO. v. BANKHEAD

No. 64816.

884 S.W.2d 318 (1994)

HILL BEHAN LUMBER COMPANY, Plaintiff/Respondent, v. Hubert BANKHEAD and Barbara Bankhead, Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 19, 1994.

Application to Transfer Denied October 25, 1994.

Attorney(s) appearing for the Case

Carl J. Lumley, Curtis, Oetting, Heinz, Garrett & Soule, Clayton, for plaintiff/respondent.

Richard L. Swatek, St. Louis, for defendants/appellants.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 19, 1994.

SIMON, Presiding Judge.

Appellants, Hubert Bankhead and Barbara Bankhead, appeal the order of the Circuit Court of the City of St. Louis, denying their motions to dismiss. Appellants contend that the trial court erred in denying their motions to dismiss for the reason that Supreme Court Rule 54.20(b) requires an affidavit of service by an officer making a return outside the state...

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