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WHITNEY v. AETNA CAS. & SUR. CO.

No. ED 76930.

16 S.W.3d 729 (2000)

Arthur WHITNEY, Plaintiff/Appellant, v. AETNA CASUALTY & SURETY COMPANY and David J. Berry, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

April 25, 2000.

Attorney(s) appearing for the Case

James E. Heckel, St. Louis, for Appellant.

Peter Joseph Dunne, Law Firm of Rabbitt, Pitzer & Snodgrass, St. Louis, Lawrence Robert Smith, Law Firm of Brinker & Doven, LLP, Clayton, for Respondents.

SHERRI B. SULLIVAN, Judge.

Arthur Whitney ("Plaintiff") appeals from a trial court judgment denying his Petition for Equitable Garnishment pursuant to Section 379.200 RSMo. (1994) against Aetna Casualty & Surety Company ("Aetna"). We affirm.

The parties submitted the case to the trial court on a stipulated record. The following facts are not in dispute. On October 20, 1994, David J. Berry ("Berry") was driving...

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