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STATE BANK OF BURDEN v. AUGUSTA STATE BANK

No. 45,938

207 Kan. 116 (1971)

483 P.2d 1068

STATE BANK OF BURDEN, Appellant, v. AUGUSTA STATE BANK and PAUL MANN, Appellees.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Stan E. Wisdom, of Jochems, Sargent and Blaes, of Wichita, argued the cause, and Grant H. Cole, of Cole and Camp, of Winfield, was with him on the brief for the appellant.

Robert L. Bishop, of Janicke, Herlocker and Bishop, of Winfield, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a summary judgment in a replevin action.

Summary judgment was rendered against the plaintiff, the State Bank of Burden, and on a motion to amend the judgment it submitted numerous affidavits which are in the record on appeal. The appellees object to the use of these affidavits in determining the propriety of the summary judgment. The appellees suggest that in determining...

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