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OSTERHAUS v. TOTH

No. 97,847.

187 P.3d 126 (2008)

Jason L. OSTERHAUS, Appellant, v. Jean Betty TOTH, et al., and Jeffrey S. Schunk and Toppros Real Estate, Inc., Appellees.

Court of Appeals of Kansas.

July 3, 2008.

Attorney(s) appearing for the Case

James E. Kiley, Jr., of The Kiley Law Firm, LLC, of Overland Park, for appellant.

John W. Nitcher, of Riling, Burkhead & Nitcher, Chtd., of Lawrence, for appellees Jeffrey S. Schunk and TopPros Real Estate, Inc.

Thomas S. Busch, of Holman, Hansen & Colville, P.C., of Overland Park, for appellee Jean Betty Toth and Toth Trust.

Before MARQUARDT, P.J., CAPLINGER and LEBEN, JJ.

MARQUARDT, P.J.

Jason L. Osterhaus appeals the district court's grant of summary judgment to Jean Betty Toth, individually; Jean Betty Toth, as trustee of the Marvin E. Toth and Jean Toth, cograntor trust dated October 31, 1989; Jeffrey S. Schunk, Toth's real estate agent (Schunk); and TopPros Real Estate, Inc., Schunk's real estate agency (TopPros). We affirm in part, reverse in part, and remand.

Mark and Cathy Ross put their Overland Park home on the market...

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