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GREEN RIVER ASSOC. v. MARK TWAIN BANK

Nos. WD 42997, WD 43017.

808 S.W.2d 894 (1991)

GREEN RIVER ASSOCIATES, Appellant/Cross-Respondent, v. MARK TWAIN KANSAS CITY BANK, Respondent/Cross-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 30, 1991.

Application to Transfer Denied June 11, 1991.

Attorney(s) appearing for the Case

Gene E. Voigts, Peter E. Strand, Judith S. Barber, Shook, Hardy & Bacon, Kansas City, for appellant/cross-respondent.

Jerome T. Wolf, Terry W. Schackmann, Lauri A. Newton, Spencer Fane Britt & Browne, Kansas City, for respondent/cross-appellant.

Before GAITAN, P.J., and TURNAGE and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 30, 1991.

TURNAGE, Judge.

Green River Associates filed suit against Mark Twain Kansas City Bank in three counts. Count I was on a theory of failure of consideration and sought to invalidate a note and deed of trust executed by the general partner of Green River and delivered to the Bank. Count II was for negligent disbursement of the proceeds of the loan and sought damages, and Count III alleged...

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