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SOUTHWESTERN BELL YELLOW PAGES, INC. v. WALSH

No. 70148.

950 S.W.2d 528 (1997)

SOUTHWESTERN BELL YELLOW PAGES, INC., Plaintiff/Respondent, v. Michael WALSH, Defendant, and Kent Young, d/b/a Dimension One Spas Of St. Louis d/b/a Gym-N-I-Playground Equipment d/b/a Dimension One Spas d/b/a Dimension One Spas & Pools d/b/a Finlandia Saunas, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied August 26, 1997.

Application to Transfer Denied September 30, 1997.

Attorney(s) appearing for the Case

William James O'Herin, Florissant, for defendant/appellant.

Luther J. Rollins, Jr., Linda S. Legg, Southwestern Bell Yellow Pages, Inc. St. Louis, for plaintiff/respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 26, 1997.

CRANE, Presiding Judge.

Defendant appeals from a trial court order sustaining his motion to dismiss and dismissing the cause without prejudice. He argues that, because the motion to dismiss was sustained after trial began and evidence was adduced, his motion should have been treated as a motion for directed verdict and judgment should have been entered against plaintiff. We dismiss...

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