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COX INDUS. EQUIPMENT CO., INC. v. SMILEY

No. 4:05CV935-DJC.

443 F.Supp.2d 1073 (2005)

COX INDUSTRIAL EQUIPMENT COMPANY, INC. and Stephen Cox, Plaintiffs, v. Angela SMILEY, Michael Smiley and John Smiley, Defendants.

United States District Court, E.D. Missouri, Eastern Division.

September 27, 2005.

Attorney(s) appearing for the Case

Joshua M. Avigad, Kaplan Associates, L.L.C., Clayton, MO, for Plaintiffs.

Christopher D. Baucom, Bryan Cave LLP, St. Louis, MO, for Defendants.

ORDER

STOHR, District Judge.

Plaintiffs Cox Industrial Equipment Company, Inc. and Stephen Cox allege in their first amended complaint that they contracted with defendants and their company, American Payroll Systems, for payroll services. Plaintiffs further allege that from 1999 through 2003 defendants used their access to plaintiffs' bank account to divert substantial sums of money for their personal use rather than to pay plaintiffs' federal tax...

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