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J.B. ALLEN, INC. v. PEARSON

No. ED 77680.

31 S.W.3d 526 (2000)

J.B. ALLEN, INC., Appellant, v. Trisha Lynn PEARSON, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

November 14, 2000.

Attorney(s) appearing for the Case

Ryan S. Shaughnessy, St. Louis, MO, for Appellant.

Ronald J. Wuebbeling, St. Louis, MO, for Respondent.

DRAPER, Judge.

J.B. Allen, Inc. (hereinafter, "J.B.Allen") appeals the trial court's judgment dismissing its petition to enforce the terms of a promissory note claiming: (1) it was improper to raise and determine a suretyship defense by a motion to dismiss and to consider matters outside of the pleadings when ruling on the motion to dismiss; (2) the trial court erred in treating Trisha Pearson's motion to dismiss as a motion for summary judgment in that the trial...

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