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SMITH v. ST. PAUL FIRE AND MARINE INS. CO.

Civ. A. No. 94-1086-MLB.

905 F.Supp. 909 (1995)

Dexter Dean SMITH and Mary E. Smith, Plaintiffs, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court, D. of Kansas.

October 10, 1995.

Attorney(s) appearing for the Case

Dan E. Turner, Phillip L. Turner, Turner & Turner, Topeka, KS, for plaintiffs.

Richard L. Honeyman, Linda S. Parks, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, for defendant.

MEMORANDUM AND ORDER

BELOT, District Judge.

This case comes before the court on the parties' motions for summary judgment (Docs. 98, 99). The parties have responded to the motions and the court is prepared to rule.

Undisputed Facts

Plaintiff Dean Smith's mother, Zella Smith, was admitted to a nursing home in 1982. Zella Smith owned real property in Pawnee County, Kansas, and in 1983, she executed a document giving Dean Smith...

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