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CLAASSEN, EXECUTRIX v. FARMERS GRAIN COOPERATIVE

No. 46,245

208 Kan. 129 (1971)

490 P.2d 376

MILLICENT CLAASSEN, as Executrix Under the Will and of the Estate of Emil D. Claassen, Deceased, Appellant, v. FARMERS GRAIN COOPERATIVE, a Kansas Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed November 6, 1971.

Attorney(s) appearing for the Case

C. Fred Ice, of Branine, Ice, Turner & Ice, of Newton, argued the cause and was on the brief for appellant.

Calvin McMillan, of Kaplan, McMillan & Anderson, of Wichita, argued the cause and was on the brief for appellee.

David W. Dewey, of Wichita, was on the brief for The Wichita Bank for Cooperatives, Amicus Curiae.

The opinion of the court was delivered by

OWSLEY, J.:

Plaintiff-appellant commences this action to recover a money judgment against the defendant-appellee based on credits earned by Emil D. Claassen, now deceased, during his lifetime as a member and patron of the defendant, a cooperative association.

After the depositions of the president of the board and the general manager of the defendant were taken, both...

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