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RUSHING v. SOUTHERN MISSOURI BANK

No. 21811.

972 S.W.2d 536 (1998)

Morgan RUSHING, Plaintiff-Respondent, v. SOUTHERN MISSOURI BANK, f/k/a Security Bank of Mountain Grove n/k/a Sun Security Bank of America, Defendant-Appellant, and Robert Lowery, Defendant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied June 9, 1998.

Application for Transfer Denied August 25, 1998.

Attorney(s) appearing for the Case

William L. Mauck, Yates, Mauck, Bohrer, Elliff, Croessmann & Wieland, P.C., Springfield, for Appellant.

Thomas W. Millington, Millington & Glass, Springfield, for Respondent.

MONTGOMERY, Chief Judge.

This seemingly interminable case is before us for the second time. The first appeal resulted in Rushing v. Southern Missouri Bank, 859 S.W.2d 211 (Mo.App.1993) (Rushing I), filed on August 10, 1993. Only the progression of the case after remand is addressed herein. Therefore, Rushing I must be carefully read in order to understand this opinion.

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