No. WD 47526.

876 S.W.2d 629 (1994)

H.B. OPPENHEIMER & CO., INC., Respondent, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Appellant, and American Council of Life Insurance, Amicus Curiae.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 29, 1994.

Application for Transfer Sustained May 26, 1994.

Case Retransferred June 20, 1994.

Opinion Readopted June 29, 1994.

Attorney(s) appearing for the Case

Kent T. Perry, Gregory M. Dennis, Perry, Hamill & Fillmore, L.C., Overland Park, KS, for appellant.

H. Vincent Monslow, Charles J. Schmelzer III, Blackwood, Langworthy & Schmelzer, P.C., Kansas City, for respondent.

Jeffrey P. Ray, James P. Tierney, Lathrop & Norquist, Kansas City, Phillip E. Stano, Richard E. Barnsback, Am. Council of Life Ins., Washington, D.C., for amicus curiae.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 1994.

Court of Appeals Opinion Readopted June 29, 1994.

KENNEDY, Presiding Judge.

The Prudential Insurance Company appeals from a declaratory judgment which held that an office space lease to H.B. Oppenheimer and Co., Inc., which was subordinate to a deed of trust executed by the landlord, was terminated by the sale of the property under foreclosure of the deed of trust. Prudential...

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