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This section contains the nature of the case and procedural background.

D helped get Schwager to be appointed as guardian for Lillian Styer. The estate was worth $1.3 million at that time. Lillian was old and could not manage her affairs. Schwager converted the assets of the estate and was eventually removed and replaced with P. P sued D for negligently failing to discover the misappropriation and conversion. D moved for summary judgment, and it was denied. This appeal resulted.

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