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MUELLER v. LEMAY BANK & TRUST CO.

No. 74757.

990 S.W.2d 690 (1999)

Marie C. MUELLER, Plaintiff/Appellant, v. LEMAY BANK & TRUST COMPANY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

April 20, 1999.

Attorney(s) appearing for the Case

Mary Ann Weems, Clayton, for appellant.

The Barry Law Firm, Gregory F. Herkert, James T. Barry, Jr., Clayton, for respondent.

MARY K. HOFF, Presiding Judge.

Marie C. Mueller (Wife) appeals from the trial court's judgment granting the summary judgment motion filed by Lemay Bank & Trust Company (Bank). We reverse and remand.

The undisputed record reveals the following. In early April 1996, while Wife was married to Robert A. Mueller (Husband), Wife and Husband signed joint federal and state income tax returns for 1995. Later in April 1996, Husband and Wife separated. On May 14...

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