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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Bar v. Nickels, 698 S.W.2d 950 (1985)

Citation
O'Bar v. Nickels, 698 S.W.2d 950 (1985)
Parent Document
O'Bar v. Nickels, 698 S.W.2d 950 (1985)
Jurisdiction
Missouri (state)
Effective Date
1985-10-15

Other Sections in This Document (58)

Full Text

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We disagree. The trial court was not obliged to believe the testimony of plaintiff or his witnesses. In a court-tried case, the trial judge determines the credibility of the witnesses, and may accept or reject all, part or none of the testimony. Mills v. Cameron Mutual Insurance Co., 674 S.W.2d 244, 246-47[l] (Mo.App.1984); Cusumano v. Outdoors Today, Inc., 608 S.W.2d 136, 139[4] (Mo.App.1980). We are obliged to accept as true the evidence and permissible inferences which may be drawn favorable to the prevailing party and to disregard the contradictory testimony. Mills, 674 S.W.2d at 246-47[2]; Cusumano, 608 S.W.2d at 139[5].