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  5. 747 S.W.2d 614 (1988)
 

FIRST NAT. BANK OF CINCINNATI v. HARTMANN

Nos. 87-CA-000085-MR, 87-CA-000244-MR.

747 S.W.2d 614 (1988)

FIRST NATIONAL BANK OF CINCINNATI, Appellant, v. Horst W. HARTMANN, Appellee. and FIRST NATIONAL BANK OF CINCINNATI, Paul Vesper, Appellants, v. Horst W. HARTMANN, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied April 1, 1988.

Attorney(s) appearing for the Case

Paul J. Vesper, Covington, for appellant.

Ingolf Dinklage, Covington, for appellee.

Before HOWERTON, C.J., and COMBS and WEST, JJ.

WEST, Judge.

This is an appeal from an order of dismissal and an order to disburse funds held in escrow.

This action originated with the filing of a foreclosure suit by First National Bank on a mortgaged piece of property in Boone County. Appellee, a title holder to the property, was one of the defendants but resided out of state at that time and was only constructively served by warning order attorney.

During the course of the foreclosure, the parties...

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