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TAYLOR v. HENDERSON

No. 20369.

924 S.W.2d 28 (1996)

Russell TAYLOR, d/b/a Taylor Glass, Plaintiff-Respondent, v. Bob HENDERSON, d/b/a West Plains Glass Co., Defendant, and Evergreen National Corp., a Florida Corporation, Defendant-Appellant, and Robert W. Plaster, Trustee of the Robert W. Plaster Trust, dated December 13, 1988, and Robert W. Plaster, Trustee of the Robert W. Plaster Trust, dated April 14, 1984, Defendants, and Killian Construction Co., a Missouri corporation, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

June 4, 1996.

Attorney(s) appearing for the Case

Donald R. Duncan and Eric M. Belk of Turner, Reid, Dincan, Loomer & Patton, Springfield, for appellant.

Donald L. Cupps of Ellis, Ellis & Cupps, Cassville, for respondent.

PREWITT, Presiding Judge.

Plaintiff filed a two-count petition seeking, in Count I, a judgment against Defendant Henderson and, in Count II, a judgment for a mechanic's lien on real property of Defendant-Appellant Evergreen National Corporation and Defendant Robert W. Plaster in two capacities as trustee. Both counts sought the identical claim of $76,214.62, with interest.

Thereafter, Plaintiff moved for summary judgment against Defendant Evergreen National...

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