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CARNATION CO. v. MIDSTATES MARKETERS, INC.

No. 49,146

2 Kan. App. 2d 236 (1978)

577 P.2d 827

CARNATION COMPANY, a Corporation, Appellee, v. MIDSTATES MARKETERS, INC., a Corporation, Defendant, and EDWARD B. DETRIXHE, Appellant.

Court of Appeals of Kansas.

Opinion filed April 28, 1978.

Attorney(s) appearing for the Case

John C. Laman of Stanford & Laman, of Concordia, for the appellant.

Wendell F. Cowan, Jr. of Crane, Martin, Claussen, Hamilton & Barry, of Topeka, for the appellee.

Before FOTH, C.J., SPENCER and SWINEHART, JJ.

SWINEHART, J.:

This is an appeal from an order which allowed the plaintiff-appellee Carnation Company to levy execution on real property owned by intervenor-appellant Edward Detrixhe, based upon a judgment lien. The defendant in the original action, Midstates Marketers, Inc., is not a party to the appeal.

The facts are that Carnation filed a petition on August 10, 1973, against Midstates Marketers, Inc., for $11,500, said sum being the balance due on an open...

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