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HUTTON v. RAINBOW TOWER ASSOCIATES

No. 49,640

226 Kan. 410 (1979)

601 P.2d 665

W. CRAIG HUTTON, As Receiver for KANSAS SAVINGS & LOAN ASSOCIATION, Appellee, v. RAINBOW TOWER ASSOCIATES, a Kansas Limited Partnership, Appellant.

Supreme Court of Kansas.

Opinion filed October 27, 1979.

Attorney(s) appearing for the Case

Douglas Lancaster, of Wagner, Leek & Mullins, of Shawnee Mission, argued the cause and was on the brief for the appellant.

Robert M. Modeer, of Hoskins, King, McGannon, Hahn & Hurwitz, of Kansas City, Missouri, argued the cause, and Donald F. Bayer, of the same firm, and John J. Jurcyk, of McAnany, Van Cleave & Phillips, of Kansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an interlocutory appeal brought by defendant-appellant in a mortgage foreclosure action. The sole issue presented concerns the appointment of a receiver by the trial court on application of plaintiff-appellee at the time the foreclosure action was filed. The appeal is taken pursuant to the provisions of K.S.A. 60-1305. For convenience the appellant will be referred to as Rainbow or defendant and the...

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