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FAY E. SAMS MONEY PURCHASE PENSION v. JANSEN

No. 1997-CA-001153-MR

3 S.W.3d 753 (1999)

FAY E. SAMS MONEY PURCHASE PENSION PLAN, Appellant, v. Bryan C. JANSEN; Judy P. Jansen; Roger C. Brown; United States of America, Internal Revenue Service; and Wickes Lumber Company, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied April 23, 1999.

Discretionary Review Denied by Supreme Court November 10, 1999.

Attorney(s) appearing for the Case

Scott T. Rickman, Morgan & Pottinger, P.S.C., Lexington, Kentucky, for appellant.

Kathryn Warnecke Lexington, Kentucky, for appellees Bryan C. Jansen and Judy P. Jansen.

Roger Brown, Clearwater, Florida, pro se.

No Brief for Appellee United States of America, Internal Revenue Service.

No Brief for Appellee Wickes Lumber Company.

Before COMBS, HUDDLESTON, and KNOPF, Judges.

OPINION

KNOPF, Judge:

This is an appeal from a judgment rescinding a land sale contract and awarding damages to the purchaser. Finding no error, we affirm.

The trial court entered findings of fact, which the parties do not materially dispute. This Court adopts those findings as follows:

1. On October 12, 1987, the defendants, Bryan C. Jansen and Judy P. Jansen (hereinafter referred to as "the Jansens") executed a Contract for Deed...

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