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KLOPPE v. BOONE NATIONAL SAVINGS & LOAN

No. ED 83554.

142 S.W.3d 769 (2004)

Rowan R. KLOPPE and Phyllis Kloppe, Co-Trustees of the Second Amendment of Indenture of Pearl Church, Appellant, v. BOONE NATIONAL SAVINGS & LOAN d/b/a Edward Jones Trust Company, and Michael Gibbons, Jr., as Personal Representative of the Estate of Esther Woods, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied August 10, 2004.

Application for Transfer Denied September 28, 2004.

Attorney(s) appearing for the Case

Brian A. Bild, St. Louis, MO, for appellant.

Daniel V. Conlisk, St. Louis, MO, for respondent.

Before SHERRI B. SULLIVAN, C.J., GEORGE W. DRAPER III, J., GLENN A. NORTON, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 10, 2004.

ORDER

PER CURIAM.

Rowan R. Kloppe, et al. (hereinafter, "Appellant") brought suit against Esther Wood (hereinafter, "Esther"), Geri Lynn Dowdy, and Edward Jones alleging Esther breached her fiduciary duty and committed constructive fraud with regard to Pearl Church and her trust. The trial court denied Appellant's motion for summary judgment, and at the close of Appellant...

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