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OSBORN v. GREGO

No. 49,760

226 Kan. 212 (1979)

596 P.2d 1233

RAYMOND L. OSBORN, JR., Appellee, v. GEORGE GREGO, JR., GEORGE GREGO, SR., and CHARLES GREGO, d/b/a G & G LANDSCAPING AND DESIGNS, Defendants, KENNETH A. BECKER and SHARON L. BECKER, Appellees, CAPITOL FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1979.

Attorney(s) appearing for the Case

Mark A. Meyerdirk, of McCaffree & Grimshaw, Chartered, of Olathe, argued the cause and was on the brief for the appellant Capitol Federal Savings and Loan Association.

Larry Winn, III, of Lytle, Wetzler, Winn & Martin, of Prairie Village, argued the cause and was on the brief for the appellees Kenneth A. Becker and Sharon L. Becker.

The opinion of the court was delivered by

FROMME, J.:

This appeal arises from a cross-claim for damages filed by Kenneth A. and Sharon L. Becker against the Capitol Federal Savings and Loan Association based on an unauthorized release of escrowed funds.

Capitol Federal furnished permanent financing on a residence which was constructed for the Beckers. The home builder was Raymond L. Osborn, Jr. At the time...

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