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SUPER CHIEF CREDIT UNION v. GILCHRIST

No. 52,968

232 Kan. 40 (1982)

653 P.2d 117

SUPER CHIEF CREDIT UNION, Appellee, v. ROBERT G. GILCHRIST and SANDRA LEE PARKS, Appellants.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

Lowell C. Paul, of Legal Aid Society of Topeka, Inc., argued the cause and James E. Sanders, of Legal Aid Society of Topeka, Inc., and Leonard M. Robinson, of Topeka, were with him on the briefs for the appellants.

Deanne Watts Hay, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, argued the cause and Thomas A. Valentine, of the same firm, was with her on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an action by a lender seeking a deficiency judgment against a borrower and his guarantor following a voluntary surrender and liquidation of the security. The borrower counterclaimed for violations of the Truth in Lending Act (TILA). The trial court rendered judgment for the lender. The pertinent facts are these: On or about April 11, 1977, Robert Gilchrist executed an "open end promise to pay" to...

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