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CAMPBELL v. BANK OF AMERICA, N.A.

No. 04-4108-JWL.

404 F.Supp.2d 1292 (2005)

Dean CAMPBELL and D C Compass Dundee, L.L.C., Plaintiffs, v. BANK OF AMERICA, N.A., Private Bank, Real Estate Advisory Services, Defendant/Third-Party Plaintiff, v. John Terzakis, et al., Third-Party Defendants.

United States District Court, D. Kansas.

December 22, 2005.

Attorney(s) appearing for the Case

Kevin L. Diehl, Ralston, Pope & Diehl LLC, Thomas G. Lemon, Cavanaugh, Smith & Lemon, P.A., Topeka, KS, for Plaintiffs.

Kevin D. Mason, Todd W. Ruskamp, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Defendant/Third-Party Plaintiff.

Thomas Eugene Beall, Thomas E. Wright, Wright, Henson, Clark, Hutton, Mudrick & Gragson, LLP, Topeka, KS, Denise K. Drake, Katherine Miller Scorza, Spencer Fane Britt & Browne, Overland Park, KS, Michael Weininger, Weinberg Richmond LLP, Chicago, IL, for Third-Party Defendants.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This lawsuit arises out of a § 1031 likekind exchange real estate investment. Plaintiff Dean Campbell sold commercial property located in Manhattan, Kansas, and through his wholly owned entity D C Compass Dundee, L.L.C. he purchased an exchange property located in Illinois. The real estate investment in Illinois went awry and plaintiff's sued defendant Bank of America, N.A. for its role in advising and...

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