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ESTATE OF ASAY v. ASAY

No. WD 49690.

902 S.W.2d 876 (1995)

In the ESTATE OF Kenneth W. ASAY and Nila Rae Asay, MBI, Limited, Appellant, v. Chester ASAY, et al., Respondents.

Missouri Court of Appeals, Western District.

July 25, 1995.

Attorney(s) appearing for the Case

Guy A. Magruder, Jr., Van Osdol, Magruder Erickson & Redmond, Kansas City, Cary D. Jones and Lynn H. Pace, Snell & Wilmer, Salt Lake City, UT, for appellant.

Ralph A. Monaco II, Kansas City, for respondent Chester A. Asay.

Robert W. McKinley and Neil L. Johnson, Swanson, Midgley, Gangwere, Kitchin & McLarney, Kansas City, for respondent Robert M. Wall.

Before BRECKENRIDGE, P.J., and ELLIS and LAURA DENVIR STITH, JJ.

BRECKENRIDGE, Presiding Judge.

MBI, Ltd. (formerly known as 1230 North Venture) appeals from an order approving a compromise settlement of a claim against the estate of Kenneth W. Asay and Nila Rae Asay. Pursuant to the settlement, one of the creditors, Robert M. Wall, received a portion of estate assets greater than his pro rata share. The agreement compromise was negotiated to avoid the risk that Mr. Wall was a secured creditor and would, without a settlement, receive...

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