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UT COMMUNICATIONS CREDIT v. RESORT DEV.

No. 62288.

861 S.W.2d 699 (1993)

UT COMMUNICATIONS CREDIT CORP., Plaintiff, v. RESORT DEVELOPMENT, INC., Defendant, and William and Sharon Winzerling, Defendants/Cross-Claimants/Respondents, and Town & Country Mortgage Co., Defendant/Cross-Claim Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied September 8, 1993.

Application to Transfer Denied October 26, 1993.

Attorney(s) appearing for the Case

Julius H. Berg, Julius H. Berg, P.C., St. Louis, Denise Thomas, Suzanne M. Besnia, Riezman & Blitz, Clayton, for defendant/cross-claim defendant/appellant.

Terry Arnold Parkinson, DuBail, Judge, Kilker, O'Leary & Smith, St. Louis, for defendants/cross-claimants/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 8, 1993.

CRANE, Judge.

William and Sharon Winzerling brought a cross-claim against Town and Country Mortgage Company (T & C) seeking rescission of their promissory note and deed of trust to T & C securing a $60,000 loan made by T & C to them to finance their purchase of a condominium unit from Resort Development, Inc. They alleged T & C had breached its fiduciary duty as...

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