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COFFEYVILLE STATE BANK v. LEMBECK

No. 51,013

227 Kan. 857 (1980)

610 P.2d 616

COFFEYVILLE STATE BANK, Appellant, v. JOSEPH W. LEMBECK and CARLENE C. LEMBECK, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1980.

Attorney(s) appearing for the Case

Thomas A. DeVore, of Hall, Levy, Lively & Viets, of Coffeyville, argued the cause and was on the brief for the appellant.

Aubrey Neale, of Neale & Neale, of Coffeyville, argued the cause and Glen L. Tongier, of Coffeyville, was with him on the brief for the appellees.

The opinion of the court was delivered by

HERD, J.:

This is an appeal by Coffeyville State Bank from a summary judgment granted to Joseph W. Lembeck and Carlene C. Lembeck, husband and wife.

The facts are undisputed. On August 30, 1971, Joseph W. Lembeck gave Coffeyville State Bank a promissory note in the amount of $60,718.17 due in 90 days, with interest at 8 1/2% per annum until maturity and 10% per annum from the date of maturity until paid. The...

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