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WAGNER v. KEY BANK OF ALASKA

No. S-4499.

846 P.2d 112 (1993)

Richard E. WAGNER, Appellant, v. KEY BANK OF ALASKA, as Successor to First National Bank of Fairbanks, Barbara J. Wagner, Alaska 100 Insurance, Inc., Van Arnem Financial Services, Inc., George Whitney Kemper, Kathleen Kemper, Alaska Title Guaranty Agency, and all other unknown claimants in and to any of the properties being foreclosed, Appellees.

Supreme Court of Alaska.

Rehearing Denied February 23, 1993.

Attorney(s) appearing for the Case

Karl L. Walter, Jr., Anchorage, for appellant.

Barbara L. Schumann, Staley, DeLisio, Cook & Sherry, Fairbanks, for appellees.

Before RABINOWITZ, C.J., BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

The principal issue we address in this appeal is whether Richard Wagner (Wagner) gained individual contract rights under the terms of a 1989 settlement agreement with Key Bank of Alaska (Key Bank). The parties entered into the settlement after Wagner filed a Chapter 11 bankruptcy petition and was appointed as "debtor-in-possession" of the bankruptcy estate by the bankruptcy judge in charge of the case. The settlement was intended...

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