ROARK v. PLAZA SAV. ASS'N

No. KCD 29523.

570 S.W.2d 825 (1978)

Earl W. ROARK and Janice Jean Tye, Appellants, v. PLAZA SAVINGS ASSOCIATION et al., Respondents.

Missouri Court of Appeals, Kansas City District.

August 28, 1978.


Attorney(s) appearing for the Case

Alan E. South, Crews, Milliard & South, Kansas City, for appellants.

Keith E. Witten, Sandler, Balkin, Hellman & Weinstein, Thomas D. Hyde, Stubbs & Mann, Kansas City, for respondents.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


TURNAGE, Judge.

Earl W. Roark and Janice Jean Tye filed their petition in equity to set aside a trustee's sale of real estate because of an alleged breach of duty by the trustee and for failure to give proper notice, for an accounting of the proceeds of the sale, and for damages against the trustee personally for breach of duty. Defendants in the suit were Plaza Savings Association, holder of a note secured by a deed of trust; David Achtenberg, the successor trustee...

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