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MARK TWAIN KANSAS CITY BANK v. KROH BROS. DEV. CO.

No. 66,889

250 Kan. 754 (1992)

863 P.2d 355

MARK TWAIN KANSAS CITY BANK, Plaintiff/Appellee, v. KROH BROTHERS DEVELOPMENT COMPANY, Defendant, and JOHNSON COUNTY BANK, as TRUSTEE OF THE KROH FOUNDATION, and THE KROH FOUNDATION, et al., Defendants/Appellants.

Supreme Court of Kansas.

Opinion filed April 10, 1992.

Attorney(s) appearing for the Case

Robert F. Bennett, of Bennett, Lytle, Wetzler, Winn & Martin, of Prairie Village, argued the cause, and Patricia A. Bennett, of the same firm, was with him on the briefs for appellants Johnson County Bank and the Kroh Foundation.

H. David Barr and J. Patrick Shepard, of Gage & Tucker, of Overland Park, were on the briefs for appellants Michael K. and Elinor K. Tourtellot.

Gordon E. Wells, Jr., of Lathrop & Norquist, of Overland Park, argued the cause, and John L. Vratil and Laura J. Bond, of the same firm, were with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is an action for quiet title and declaratory judgment by Mark Twain Kansas City Bank (Mark Twain) against Kroh Brothers Development Company; the Kroh Foundation; the foundation's Board of Control; Johnson County Bank, as trustee of the Kroh Foundation (Trustee); and others. All material parties moved for summary judgment. The district court granted Mark Twain's motion and denied all others. The Trustee...

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