FDIC v. G. III INVESTMENTS, LTD.

Nos. WD 40240, WD 40241.

761 S.W.2d 201 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its Capacity as Receiver and Liquidating Agent for Farmers and Merchants Bank of Huntsville, Missouri, Respondent-Appellant, v. G. III INVESTMENTS, LTD., d/b/a the Sparks Co., and Freida Barbour, Appellants-Respondents, v. John J. GILLAN and Leroy Gillan, Respondents (To FDIC's Appeal).

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 29, 1988.


Attorney(s) appearing for the Case

Andrew H. McCue, and John Harl Campbell, Campbell and Meyers, Kansas City, for G. III Investments, Sparks and Barbour.

J. Jeffrey Spainhower, Stockard, Andereck, Hauck, Sharp & Evans, Trenton, for FDIC.

Joseph Y. DeCuyper, Kansas City, for Gillan.

Before CLARK, P.J., and LOWENSTEIN and FENNER, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied November 29, 1988.

CLARK, Presiding Judge.

The Federal Deposit Insurance Corporation as liquidating and receiving officer for Farmers and Merchants Bank of Huntsville brought this suit in the stead of the bank for breach of contract against G. III Investments, G.W. Sparks III and Freida Barbour, insurance brokers, for failure to obtain an insurance policy on property mortgaged to the bank. The issue...

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