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GRAY v. RAY GILL, FRONTIER INDUSTRIES, INC.

No. 46,069

208 Kan. 95 (1971)

490 P.2d 615

ROBERT GRAY, Appellant, v. RAY GILL, FRONTIER INDUSTRIES, INC., AL MOLLENKAMP and ELBERT L. PATTON, (AL MOLLENKAMP, Appellee.)

Supreme Court of Kansas.

Opinion filed November 6, 1971.

Attorney(s) appearing for the Case

Albert J. Kirk, of Wichita, argued the cause, and Vincent L. Bogart, of Wichita, was with him on the brief for the appellant.

J. Eugene Balloun, of Great Bend, argued the cause, and Lee Turner, of Great Bend, was with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This action involves the alleged fraudulent diversion of assets consisting of stock certificates loaned by plaintiff to three corporations in which defendant Mollenkamp had an interest. The district court sustained a motion for summary judgment in favor of Mollenkamp, and plaintiff has appealed.

The propriety of the order granting summary judgment is attacked on the grounds that (1) discovery...

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