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LEEK v. THE ALLIANCE FUND, INC.

No. 64,852

15 Kan. App. 2d 250 (1991)

806 P.2d 491

CAROLEE SAUDER LEEK, Trustee, WALTER J. KLASSEN TRUST, Appellee, v. THE ALLIANCE FUND, INC., Appellant.

Court of Appeals of Kansas.

Petition for review denied April 25, 1991.

Attorney(s) appearing for the Case

Scott I. Asner, of Olathe, for appellant.

Gregory M. Dennis, of Perry & Hamill, of Overland Park, for appellee.

Before ELLIOTT, P.J., LARSON, J., and DAVID S. KNUDSON, District Judge, assigned.

KNUDSON, J.:

The Alliance Fund, Inc., appeals the trial court's award of income dividends and capital gains distributions on 683 shares of its stock owned by the Walter J. Klassen trust. The trust cross-appeals the disallowance of prejudgment interest.

The following issues are raised on appeal:

1. Whether the court erred in finding the trust had not sold or otherwise transferred the stock;

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