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STARK v. MERCANTILE BANK, N.A.

No. 83,269.

29 Kan. App.2d 717 (2000)

33 P.3d 609

BENJAMIN W. STARK, et al, Appellants, v. MERCANTILE BANK, N.A., Successor in Interest to THE JOHNSON COUNTY NATIONAL BANK and TRUST COMPANY, and NATIONSBANK, N.A., Successor in Interest to BOATMEN'S BANK, N.A., Appellees.

Court of Appeals of Kansas.

Opinion filed August 4, 2000.

Attorney(s) appearing for the Case

John J. Benge and Michael L. Hodges, of Benge Law Firm, of Kansas City, Missouri, for appellants.

Eric G. Zahnd and Steven E. Mauer, of Bryan Cave LLP, of Kansas City, Missouri, for appellee NationsBank, N.A.

Mark D. Hinderks, of Sanson, Mag & Frizzell, P.C., of Leawood, for appellee Mercantile Bank, N.A.

Before MARQUARDT, P.J., BEIER, J., and JOHN W. WHITE, District Judge, assigned.

BEIER, J.:

Plaintiffs-appellants appeal the district court's decision to grant the defendant banks' motions to dismiss. The district court ruled that plaintiffs' claims were barred by the statute of repose. We affirm.

The parties appear to agree that plaintiffs Benjamin W. Stark, Allan Breed Stark, Mary Breed Brink, Barbara Chapman, Martha McCormick, Nancy Gee, Ruth Hanna, and Thomas Millar are beneficiaries of a trust2 created...

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