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CAPITAL ONE BANK v. CREED

No. 27752.

220 S.W.3d 874 (2007)

CAPITAL ONE BANK, Plaintiff-Appellant v. Marsha K. CREED, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

April 27, 2007.

Attorney(s) appearing for the Case

David J. Weimer, Kramer & Frank, P.C., Kansas City, for appellant.

Brent D. Green, Springfield, for respondent.

JOHN E. PARRISH, Judge.

Capital One Bank (plaintiff) appeals a judgment for Marsha K. Creed (defendant) in an action for breach of contract and a counterclaim for declaratory judgment. This court affirms the part of the judgment for defendant on the breach of contract claim, reverses the part of the judgment rendered on the counterclaim for declaratory judgment, and remands.

Plaintiff alleged in its amended petition for breach of contract that it entered into...

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