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FIRST MISSIONARY BAPTIST CHURCH v. ROLLINS

No. ED 83880.

151 S.W.3d 846 (2004)

FIRST MISSIONARY BAPTIST CHURCH OF BALLWIN, a/k/a First Baptist Church of Ballwin, by and through its Board of Trustees, Plaintiffs, v. Richard ROLLINS, Press McDowell, John Hibbler, Loyse Clay, and Charlet Clay, et al., and Richard Rollins, Press McDowell, John Hibbler, Loyse Clay and Charlet Clay, derivatively, on behalf of the First Missionary Baptist Church of Ballwin, a/k/a First Baptist Church of Ballwin, Respondents, v. Anthony Barnes, Norma Clayton, Marva Gaylor, James Sheets, Kathy Simmons, Gary Fields, Ernest Schell, George Fulgham, Leonard White, David Lyons, and Kenneth Worsham, Appellants.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied December 9, 2004.

Application for Transfer Denied January 25, 2005.

Attorney(s) appearing for the Case

Gregory F. Quinn, Quinn, Ground & Banton, L.L.P., Manchester, MO, for appellants.

Michael P. Stephens, Roger W. Pecha, Jenkins & Kling, P.C., St. Louis, MO, for respondents.

Before GARY M. GAERTNER, SR., P.J., SHERRI B. SULLIVAN, J. and BOOKER T. SHAW, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 9, 2004.

PER CURIAM.

Appellants, Marva Gaylor, et al. ("Gaylor Representatives"1), appeal the judgment of the Circuit Court of St. Louis County in favor of respondents, Press McDowell, et al. ("McDowell Representatives"2) on their motion for partial summary judgment. We reverse and remand.

On May 22, 2002, the...

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