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BANK IV SALINA, N.A. v. AETNA CAS. & SUR. CO.

No. 91-4246-R.

810 F.Supp. 1196 (1992)

BANK IV SALINA, N.A., as Conservator for the Estate of Michael Ray Russ, Plaintiff, v. The AETNA CASUALTY & SURETY CO., Defendant.

United States District Court, D. Kansas.

December 18, 1992.

Attorney(s) appearing for the Case

Gerald W. Scott, Wichita, KS, Mickey W. Mosier, Lawton M. Nuss, Clark, Mize & Linville, Chtd., Salina, KS, for plaintiff.

Keith U. Martin, Payne & Jones, Chtd., Overland Park, KS, Ronald D. Heck, Cynthia J. Sheppeard, Heck & Sheppeard, P.A., Topeka, KS, for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a diversity action brought by plaintiff Bank IV Salina, as conservator for the Estate of Michael Ray Russ, a minor, for breach of a settlement agreement and misrepresentation. The defendant is The Aetna Casualty & Surety Company. This matter is presently before the court upon Aetna's motion to dismiss or, in the alternative, for summary judgment.

In the instant motion, defendant essentially...

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