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J.C. LIVESTOCK SALES, INC. v. SCHOOF

No. 46,148

208 Kan. 289 (1971)

491 P.2d 560

J.C. LIVESTOCK SALES, INC., Appellant, v. GLEN SCHOOF, ROLLO L. GOODYEAR, and THE SECURITY STATE BANK, AUBURN, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

W. Jay Esco, of Wichita, argued the cause and was on the brief for the appellant.

Stephen Jones, of Lyndon, argued the cause, and Harry T. Coffman and David R. Hederstedt, both of Lyndon, were with him on the brief for Rollo L. Goodyear and The Security State Bank, Auburn, Kansas, appellees.

David H. Heilman, of Council Grove, was on the brief for Glen Schoof, appellee.

The opinion of the court was delivered by

FROMME, J.:

Plaintiff appeals from a summary judgment entered in favor of all defendants. The trial court held that plaintiff was not the real party in interest in the action as required by K.S.A. 1970 Supp. 60-217.

The complicated transactions which gave rise to plaintiff's claim do not have to be detailed. Suffice it to say plaintiff is a public livestock sales company which handles auction sales of cattle...

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