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MIDDLETON v. FIRST NAT. BANK

No. SD 32178.

399 S.W.3d 463 (2013)

Brown MIDDLETON, Jr., and Doris L. Middleton, Plaintiffs-Appellants, v. FIRST NATIONAL BANK, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

May 10, 2013.

Attorney(s) appearing for the Case

Tom K. O'Loughlin II , O'Loughlin, O'Loughlin & Koetting, L.C., Cape Girardeau, MO, for appellants.

David W. White and Mark M. Haddad , Foland, Wickens, Eisfelder, Roper & Hofer, P.C., Kansas City, MO, for respondent.

GARY W. LYNCH, P.J.

Brown Middleton, Jr. ("JR"), and Doris Middleton, his wife (collectively "the Middletons"), appeal the trial court's grant of summary judgment in favor of First National Bank ("Bank") on their second amended petition. In it, they alleged that Bank wrongfully set off the proceeds of the Middletons' joint certificate of deposit ("CD") to partially pay a debt owed to the Bank by a corporation owned by their sons, Mike and Tim Middleton, on which JR...

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