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McNEILL v. FRANKE

No. 95-1235.

84 F.3d 1010 (1996)

Cynthia J. McNEILL, formerly known as Cynthia J. Franke, Appellant, v. William E. FRANKE, doing business as Gannon Partnership 19, L.P.; Gannon Partnership 19, L.P.; Kevin W. Kelly; Pentad Properties, Inc., formerly known as Kemmons Wilson Properties, Inc., doing business as St. Louis Associates Limited Partnership, formerly known as St. Louis Associates, Ltd.; St. Louis Associates Limited Partnership, formerly known as St. Louis Associates, Ltd.; Phillip J. Paster; Department of Housing and Urban Development, agent Jack Kemp; West Pointe Limited Partnership; Northwest Village Limited Partnership; Grandview Hills Limited Partnership; Park Ridge Apartments Limited Partnership; Lamplite Limited Partnership, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1996.

Attorney(s) appearing for the Case

Thomas G. Berndsen, St. Louis, MO, argued (Charles F. Dufour, on the brief), for appellant.

Joe D. Jackson, St. Louis, MO, argued (F. Guthrie Castle, Jr., Martin M. Green and Mitchell A. Margo, on the brief), for appellees.

Before FAGG, HEANEY, and WOLLMAN, Circuit Judges.

FAGG, Circuit Judge.

Cynthia J. McNeill appeals the district court's dismissal of her action for declaratory relief and judicial foreclosure, and the denial of her motion for summary judgment. We reverse the dismissal and remand for further proceedings.

This case involves a $57.3 million promissory note and deed of trust allocated between McNeill and her former spouse, William E. Franke, in a February 1988 Missouri divorce decree. The note was on the sale...

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