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IN RE MURPHY & CO., INC.

No. ED 78900.

59 S.W.3d 39 (2001)

In re the Matter of MURPHY & COMPANY, INC.

Missouri Court of Appeals, Eastern District, Division Four.

October 16, 2001.

Attorney(s) appearing for the Case

Thomas B. Weaver, Cynthia A. Sciuto, St. Louis, for appellant.

Gregory P. White, Clayton, for respondent.

LAWRENCE G. CRAHAN, Judge.

International Business Machines Corporation ("IBM") appeals the judgment authorizing Murphy & Company, Inc. ("Murphy") to perpetuate testimony pursuant to Rule 57.02. We reverse and remand.

Murphy brought this action pursuant to Rule 57.02, which permits a person presently unable to bring an action or cause it to be brought to seek an order allowing the perpetuation of testimony by filing a verified petition in the circuit court...

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