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BANK OF WASHINGTON v. KOESTER

No. 70387.

939 S.W.2d 464 (1996)

BANK OF WASHINGTON, a Missouri Banking Corporation, Appellant, v. Jerry KOESTER and Jimmy Koester, Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied February 5, 1997.

Application to Transfer Denied March 25, 1997.

Attorney(s) appearing for the Case

Louis B. "Buzz" Eckelkamp, III, Washington, for appellant.

Timothy J. Melenbrink, Union, for respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 5, 1997.

RHODES RUSSELL, Presiding Judge.

Bank of Washington ("Bank") appeals from a grant of summary judgment in favor of Jerry and Jimmy Koester. The Bank had filed a declaratory judgment action to determine if it was entitled to a set-off against the proceeds of a certificate of deposit ("CD") which was owned jointly by Roy Custer and the Koesters. Custer had pledged the CD as collateral...

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