W-V ENTERPRISES v. FEDERAL SAVINGS & LOAN INS. CORP.

No. 55,025

234 Kan. 354 (1983)

673 P.2d 1112

W-V ENTERPRISES, INC. and E. MICHAEL WAYLAND, Appellees, v. FEDERAL SAVINGS & LOAN INS. CORP., as Receiver for NORTH KANSAS SAVINGS ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion filed December 2, 1983.


Attorney(s) appearing for the Case

W. Dennis Cross, of Morrison, Hecker, Curtis, Kuder & Parrish, of Kansas City, Missouri, argued the cause and Martin J. Purcell, P. John Owen, and John J. Benge, of the same firm, were with him on the briefs for the appellant.

Thomas P. Vartanian, Ralph W. Christy, Harvey Simon, and Dorothy L. Nichols, of the Office of the General Counsel, Federal Home Loan Bank Board, of Washington, D.C., and Milo M. Unruh, Sr., of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, were attorneys of counsel for the appellant.

Charles D. McAtee, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause and Anne L. Baker, of the same firm, was with him on the brief for the appellees.


The opinion of the court was delivered by

HERD, J.:

The plaintiffs-appellees are Michael Wayland and W-V Enterprises, Inc. The defendant at trial was North Kansas Savings Association, a federally insured, state chartered savings and loan corporation. By virtue of a post-trial order of the Federal Home Loan Bank Board the defendant is in receivership, and the appellant is now the Federal Savings & Loan Insurance Corporation (FSLIC), as receiver for North...

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