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CREDIT ACCEPTANCE CORP. v. SMITH

No. 75012.

991 S.W.2d 720 (1999)

CREDIT ACCEPTANCE CORP., Plaintiff-Respondent, v. Free SMITH, Defendant/Third-Party Plaintiff-Respondent, v. City of St. Louis, Third-Party Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

May 4, 1999.

Attorney(s) appearing for the Case

Eric Kendall Banks, City Counselor, Edward J. Hanlon, Deputy City Counselor, St. Louis, for appellant.

Richard Lee Constance, St. Louis, for respondent.

KENT E. KAROHL, Judge.

Free Smith filed a third party petition against the City of St. Louis alleging a cause of action for conversion of her motor vehicle. The claim of plaintiff, Credit Acceptance Corporation, against Free Smith to recover a balance owed on the loan secured by her motor vehicle, was the subject of a consent judgment in favor of Plaintiff. The city defended the third party claim on the basis of sovereign immunity. The trial court rejected the defense...

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