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CITIBANK S.D. v. MILLER

No. 27690.

222 S.W.3d 318 (2007)

CITIBANK (S.D.) N.A., Respondent v. Bethany J. MILLER, Appellant.

Missouri Court of Appeals, Southern District, Division One.

May 17, 2007.

Attorney(s) appearing for the Case

Karl W. Dickhaus, J. Richard McEachern, Blake D. Hill, McEachern & Dickhaus, LC, St. Louis, for Appellant.

K. Lee Marshall, Bryan Cave LLP, St, Louis, for Respondent.

JOHN E. PARRISH, Judge.

Bethany J. Miller (defendant) appeals a judgment for Citibank (S.D.) N.A. (Citibank) in a suit Citibank brought as an action on account. The trial court found that Citibank's evidence was not sufficient to prove an action on account; however, it concluded that the evidence was sufficient to prove an action for account stated and entered judgment for Citibank on that basis. Defendant contends that the trial court erred in two respects: (1) that...

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