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NAT. BANK OF STEELEVILLE v. ERB EQUIPMENT

No. 73068.

972 S.W.2d 298 (1998)

FIRST NATIONAL BANK OF STEELEVILLE, NATIONAL ASSOCIATION, Plaintiff/Appellant, v. ERB EQUIPMENT COMPANY, INC. Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Denied June 4, 1998.

Application for Transfer Denied August 25, 1998.

Attorney(s) appearing for the Case

Craig A. Smith, St. Louis, for plaintiff/appellant.

Paul M. Brown, Bruce D. Ryder, Paul J. Odum, St. Louis, for defendant/respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 4, 1998.

CRANDALL, Judge.

Plaintiff, First National Bank of Steeleville, National Association (Bank), appeals from the trial court's grant of summary judgment in favor of defendant, Erb Equipment Company, Inc. (Erb), on Bank's action for replevin. We reverse and remand.

To be entitled to summary judgment, the movant must establish that there...

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