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DEAN MACHINERY CO. v. UNION BANK

Nos. WD 61205, WD 61217.

106 S.W.3d 510 (2003)

DEAN MACHINERY COMPANY, Respondent, v. UNION BANK f/k/a Bannister Bank, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and Transfer Denied May 27, 2003.

Application for Transfer Denied July 1, 2003.

Attorney(s) appearing for the Case

Irvin V. Belzer, Kansas City, MO, for Appellant, Union Bank.

Frank Wendt, Kansas City, MO, for Appellant, Paula Wray and Defendant, PC Contractors, Inc.

Kurt S. Brack, Merriam, KS, for Defendant, Brotherhood Bank.

Michael H. Berman, Overland Park, KS, for Respondent, Dean Machinery.

Before: THOMAS H. NEWTON, P.J., ROBERT G. ULRICH and EDWIN H. SMITH, JJ.

Motion for Rehearing and Transfer to Supreme Court Denied May 27, 2003.

ROBERT ULRICH, Judge.

Union Bank and Paula Wray ("Ms. Wray") appeal from judgment entered for Dean Machinery Company ("Dean Machinery") on Dean's claim and Ms. Wray's counterclaim following a judge-tried case. The judgment of the trial court is reversed.

Factual and Procedural History

Dean Machinery is a Caterpillar equipment dealer with a location in Kansas City, Missouri...

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