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KIPP v. MYERS

Civil Action No. 09-1293.

753 F.Supp.2d 1102 (2010)

Donald and Caron KIPP, Plaintiffs, v. David M. MYERS and Stacie Briton Myers, Defendants.

United States District Court, D. Kansas.

November 12, 2010.

Attorney(s) appearing for the Case

Karen Q. Couch, Larry G. Michel, Kennedy, Berkley, Yarnevich, & Williamson, Chtd., Salina, KS, for Plaintiffs.

Nathanael W. Berg, Russel B. Prophet, Hampton & Royce, L.C., Salina, KS, for Defendants.

MEMORANDUM AND ORDER

MONTI L. BELOT, District Judge.

Before the court is the Myers' motion for summary judgment. (Doc. 22). The matter has been fully briefed and is ripe for decision. (Docs. 23, 26, 27). The Kipps bring claims for breach of contract, negligent misrepresentation, fraud by silence, fraudulent misrepresentation, and rescission for mistake of fact. For the reasons set forth below, the Myers' motion is denied.

I. FACTS

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