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BRAUN v. PEPPER

No. 48,638

224 Kan. 56 (1978)

578 P.2d 695

GERALD BRAUN, Appellant, v. ROBERT PEPPER, JUDY PEPPER, d/b/a PEPPER'S I.G.A., Appellees.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Ward E. Loyd, of Calihan, Green, Calihan, and Loyd, of Garden City, argued the cause, and was on the brief for the appellant.

James W. Wallace, of Wallace, Brantley, and Shirley, of Scott City, was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action brought by the plaintiff, Gerald Braun, to recover the balance due on a note and to foreclose a security agreement which were executed in connection with the sale of a grocery business. At the time the petition was filed, the plaintiff-creditor obtained the ex parte appointment of a receiver. The receiver was in the possession of the grocery business for three days. Then, on application...

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