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FIRST NATL. BANK AND TRUST CO. v. FORD MOTOR CREDIT CO.

No. 53,260

231 Kan. 431 (1982)

646 P.2d 1057

FIRST NATIONAL BANK AND TRUST COMPANY OF EL DORADO, KANSAS, Appellee, v. FORD MOTOR CREDIT COMPANY, Appellant, and HERITAGE FORD LINCOLN MERCURY, INC.

Supreme Court of Kansas.

Opinion filed June 11, 1982.

Attorney(s) appearing for the Case

Rex G. Beasley, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause, and William P. Tretbar, of the same firm, was with him on the briefs for the appellant.

James L. Hargrove, of McKay, McKay & Hargrove, of El Dorado, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

This controversy is between a bank and a credit company, both claiming prior security interests in three vehicles allegedly sold by a car dealer. The trial court held that the bank's security interests were prior and ordered the vehicles released to the bank. The credit company appeals.

Heritage Ford Lincoln Mercury, Inc., (Dealer) of El Dorado, Kansas, was in the business of selling new cars. On...

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