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DESBIEN v. PENOKEE FARMERS UNION COOPERATIVE ASS'N

No. 48,022

220 Kan. 358 (1976)

552 P.2d 917

ARTHUR DESBIEN, STANLEY DESBIEN and EUGENE DESBIEN, and LOREN JOHNSON and LEON STEPHEN, and C.N. CLARK and RUSSELL PENNINGTON, Appellees, v. PENOKEE FARMERS UNION COOPERATIVE ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed July 23, 1976.

Attorney(s) appearing for the Case

Jack N. Stewart, of Hampton, Royce, Engleman and Nelson, of Salina, argued the cause, and Robert F. Glassman, of Hays, was on the brief for the appellant.

Allen Shelton, of Clark and Shelton, of Hill City, argued the cause, and was on the brief for the appellees, Arthur Desbien, Stanley Desbien, and Eugene Desbien, and C.N. Clark and Russell Pennington.

Randall W. Weller, of Jones and Weller, of Hill City, argued the cause, and was on the brief for the appellees, Loren Johnson and Leon Stephen.

The opinion of the court was delivered by

PRAGER,, J.:

This appeal involves three cases filed by seven wheat farmers against the defendant-appellant, Penokee Farmers Union Cooperative Association, for breach of seven contracts for the purchase of wheat. Because the same basic issues of fact and law were involved in the actions, they were consolidated in the district court for purposes of trial and they have been consolidated...

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