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RENDERED: AUGUST 8, 2003; 10:00 a.m.
NOT TO BE PUBLISHED

Commonwealth Of Kentucky
Court of Appeals

NO. 2002-CA-001254-MR
AND NO. 2002-CA-001329-MR

DAVID AUSTIN WISE APPELLANT/CROSS-APPELLEE

APPEAL AND CROSS-APPEAL FROM JEFFERSON CIRCUIT COURT

v. HONORABLE STEPHEN K. MERSHON, JUDGE
ACTION NO. 99-CI-001322

ALPHA LEASING COMPANY, INC. APPELLEE/CROSS-APPELLANT

OPINION
AFFIRMING

** ** ** ** **
BEFORE: COMBS, GUIDUGLI, AND SCHRODER, JUDGES.
SCHRODER, JUDGE. This is an appeal from summary judgments
dismissing claims by a car buyer against the leasing company for
breach of contract, breach of fiduciary duty, and breach of
warranty based on allegations that the leasing company should
have investigated the legitimacy of the company selling the
vehicle. The leasing company cross-appeals from a judgment
rejecting its counterclaim against the car buyer for unjust

we adjudge that the trial court properly dismissed the claims of
the car buyer and properly found that the leasing company could
not succeed on its claim of unjust enrichment. Hence, we
affirm.

The facts in this case are largely undisputed. In
July of 1997, appellant/cross-appellee David Wise saw an ad in a
magazine placed by a company called International Autos
(

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Kentucky Law