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PAULSEN v. GUTIERREZ

Civil Action No. 96-1369-FGT.

962 F.Supp. 1367 (1997)

Dale PAULSEN, Administrator of the Estate of Ruby Edith Hickok, Deceased, Plaintiff, v. Evelyn GUTIERREZ and GNA Corporation and Subsidiaries, Defendants.

United States District Court, D. Kansas.

March 20, 1997.

Attorney(s) appearing for the Case

Thomas J. Berscheidt, Great Bend, KS, for Rudy Edith Hickok.

Marlys A. Marshall, Marshall, Womack & Ingram, Wichita, KS, for Evelyn Gutierrez.

Timothy R. Keenan, Keenan and Boeckman, P.A., Great Bend, KS, for GNA Corp.

MEMORANDUM AND ORDER

THEIS, District Judge.

Plaintiff brings this action alleging that defendant Gutierrez committed fraud and violated her fiduciary duty to the decedent. Plaintiff contends Gutierrez exerted undue influence in persuading the decedent to name Gutierrez as beneficiary of an annuity. The case is brought pursuant to Kansas law. This matter is before the court on defendant Gutierrez's motion to dismiss. (Doc. 2). Defendant contends the...

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