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MILLER v. O'BRIEN

No. WD 64230.

168 S.W.3d 109 (2005)

Jeff MILLER, Respondent, v. Patrick Michael O'BRIEN, Respondent, and State Automobile Mutual Insurance Company, Appellant.

Missouri Court of Appeals, Western District.

August 2, 2005.

Attorney(s) appearing for the Case

Thomas M. Ward, St. Louis, MO, for appellant.

J. Kirk Rahm, Warrensburg, MO, for respondent Miller.

Collin C. Theis, Kansas City, MO, for respondent O'Brien.

Before ROBERT G. ULRICH, Presiding Judge, JAMES M. SMART, JR., Judge and JOSEPH M. ELLIS, Judge.

JOSEPH M. ELLIS, Judge.

State Automobile Mutual Insurance Company ("State Auto") appeals from a summary judgment entered in the Circuit Court of Johnson County in favor of Jeffery Miller in an equitable garnishment action he filed against State Auto and Patrick O'Brien to satisfy the unsatisfied portion of a judgment Miller obtained in a personal injury action against O'Brien. In the equitable garnishment action, Miller claimed that O'Brien was entitled to insurance...

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