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HALPIN v. FRANKENBERGER

No. 53,483

231 Kan. 344 (1982)

644 P.2d 452

THOMAS HALPIN, Appellant, v. PHILLIP FRANKENBERGER and TOPEKA BANK & TRUST, a corporation, Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1982.

Attorney(s) appearing for the Case

Frank M. Rice, of Jones, Schroer, Rice, Bryan & Lykins, of Topeka, argued the cause, and Dan L. Wulz, of the same firm, was with him on the brief for appellant.

L.M. Cornish, of Glenn, Cornish, Schulteis & Hanson, Chartered, of Topeka, argued the cause and Gregory F. Maher, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

Plaintiff Thomas Halpin appeals from an order of the district court sustaining a motion for summary judgment filed by the defendant Topeka Bank & Trust, a Kansas banking corporation (the bank). The appeal involves the rights and duties existing between a guarantor and a creditor. Summary judgment was also granted to plaintiff against the other defendant Phillip Frankenberger and no appeal has been taken...

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