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FIRST NATIONAL BANK OF TOPEKA v. UNITED TELEPHONE ASS'N

No. 41,796

187 Kan. 29 (1960)

353 P.2d 963

FIRST NATIONAL BANK OF TOPEKA, A National Banking Association, Appellee, v. UNITED TELEPHONE ASSOCIATION, INC., A Corporation, Appellant, and NEALE CONSTRUCTION COMPANY, INC., A Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 2, 1960.

Attorney(s) appearing for the Case

Harry A. Waite, of Dodge City, argued the cause, and E.C. Minner, of Dodge City, was with him on the brief for the appellant.

Willard N. Van Slyck, Jr., of Topeka, argued the cause, and M.F. Cosgrove, Robert E. Russell, William B. McElhenny, O.R. Stites, Jr., and James L. Grimes, Jr., all of Topeka, were with him on the brief for the appellee, First National Bank of Topeka.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action under the code of civil procedure brought in the district court of Shawnee County by the assignee on an assignment of all moneys due or to become due on a construction contract against the obligor, a resident of Ford County, joining the assignor, a resident of Shawnee County, as a party defendant to recover the sum of $9,694.25 with interest.

The controlling question...

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