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MID KANSAS FED'L SAVINGS & LOAN ASS'N v. BURKE

No. 54,369

8 Kan. App. 2d 443 (1983)

660 P.2d 569

MID KANSAS FEDERAL SAVINGS AND LOAN ASSOCIATION OF WICHITA, KANSAS, Plaintiff, and CALDWELL AND ASSOCIATES, INC., Appellant, v. JAMES R. BURKE and CAROLE J. BURKE, Appellees, and BOARD OF COUNTY COMMISSIONERS OF SEDGWICK COUNTY, KANSAS, Defendant. Reversed , (1983).

Court of Appeals of Kansas.

Opinion filed March 17, 1983.

Attorney(s) appearing for the Case

Patrick L. Dougherty, Harry W. Saums, and John Callahan, of Wichita, for the appellant.

Phillip Mellor, Arden P. Miller, Mark Mellor, and James R. Schaefer, of Wichita, for the appellees.

Before FOTH, C.J., SPENCER and SWINEHART, JJ.

SWINEHART, J.:

This is an appeal by Caldwell and Associates, Inc. (Caldwell), from the order of the District Court of Sedgwick County sustaining defendant Carole J. Burke's motion to set aside a sheriff's sale on the ground that personal service was never obtained upon her in the foreclosure action.

Defendant Carole J. Burke and her husband, James R. Burke, defaulted on a loan with Mid Kansas Federal Savings...

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