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THORNTON v. EMPIRE BANK

No. 21807.

955 S.W.2d 249 (1997)

Stephen THORNTON, Petitioner-Respondent, v. EMPIRE BANK, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division One.

November 24, 1997.

Attorney(s) appearing for the Case

Thomas A. Vetter, Matthew A. Clement, of Cook, Vetter, Doerhoff, & Landwehr, P.C., Jefferson City, for Appellant.

W. Craig Hosmer, of William H. McDonald & Associates, Springfield, for Respondent.

PREWITT, Judge.

This proceeding was initiated pursuant to Section 362.730, RSMo 1994, whereby "[w]ithin sixty days after the taking effect of the merger or consolidation," a "dissenting stockholder" of a bank or trust company may seek an evaluation of the value of his stock and be paid that by "the receiving bank or trust company" upon surrender of his stock. See Section 362.750, RSMo 1994.

Petitioner owned 982 shares of stock of Webster County Bank...

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