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BANK ONE KY. v. WOODFIELD FIN. CONSORTIUM

No. 96-CA-000218-MR.

957 S.W.2d 276 (1997)

BANK ONE KENTUCKY NA (Formerly Liberty Bank and Trust Company), Appellant, v. WOODFIELD FINANCIAL CONSORTIUM LP (Successor in Interest to PNC Bank Kentucky, Inc. (Formerly Citizens Fidelity Bank & Trust Company), National City Bank Kentucky (Formerly First National Bank of Louisville), and Stock Yards Bank & Trust Company); Diversified Capital; Donald N. Pritzker; Meyer Goldman; Simon Zunamon; LHR-Partners, Ltd.; and REFCO-Louisville Corporation, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 5, 1997.

Attorney(s) appearing for the Case

John T. Ballantine, Gregory Cornett, Ogden Newell & Welch, Louisville, for Appellant.

Neil C. Bordy, Bill V. Seiller, Seiller & Handmaker, L.L.P., Louisville, for Appellees LHR-Partners, Ltd. and REFCO-Louisville Corp.

Donald L. Cox, Mary Janice Lintner, Lynch, Cox, Gilman & Mahan, P.S.C., Louisville, for Appellees Diversified Capital, Donald N. Pritzker, Meyer Goldman and Simon Zunamon.

Richard L. Sullivan, Conliffe, Sandmann & Sullivan, Louisville, for Appellee Woodfield Financial Consortium L.P.

Before BUCKINGHAM, HUDDLESTON and KNOPF, JJ.

OPINION

HUDDLESTON, Judge.

Bank One Kentucky NA, formerly known as Liberty National Bank and Trust Company of Kentucky, appeals from an order dismissing its petition for a declaration of rights under a loan agreement and mortgage between it and other banks, as obligees, and LHR-Partners, Ltd., as obligor. Jefferson Circuit Court dismissed the petition on the ground that no justiciable controversy was presented. We vacate the dismissal order and remand...

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