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McMILLAN v. FIRST STATE BANK OF JOPLIN

Nos. 20463, 20464.

935 S.W.2d 329 (1996)

Shirley A. McMILLAN, Plaintiff-Appellant/Cross-Respondent, v. FIRST STATE BANK OF JOPLIN, Defendant-Respondent/Cross-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied November 12, 1996.

Application to Transfer Denied December 17, 1996.

Attorney(s) appearing for the Case

David R. Mitchell, Christopher J. Carpenter, Blue Springs, for plaintiff-appellant/cross-respondent.

Karl Blanchard, Jr., John Mollenkamp, Blanchard, Robertson, Mitchell & Carter, P.C., Joplin, for defendant-respondent/cross-appellant.

GARRISON, Judge.

A jury awarded Shirley A. McMillan (Plaintiff) $300,000 on her claim against First State Bank of Joplin (Bank), and denied relief to the Bank on its counterclaim. The trial court granted the Bank's motion for judgment notwithstanding the verdict (j.n.o.v.) on its counterclaim, and entered a $300,000 judgment in its favor. Both Plaintiff and the Bank appeal. Plaintiff contends the trial court erred in sustaining the Bank's motion for j.n.o.v., and...

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