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FIRST NAT'L BANK OF GIRARD v. COYKENDALL

No. 54,781

8 Kan. App. 2d 636 (1983)

664 P.2d 874

FIRST NATIONAL BANK OF GIRARD, GIRARD, KANSAS, A NATIONAL BANKING ASSOCIATION, Appellant, v. RICHARD COYKENDALL, Appellee. CONRAD B. LIVINGSTON AND MARY D. LIVINGSTON, Appellants, v. DIRECTOR OF KANSAS REAL ESTATE COMMISSION, Appellee.

Court of Appeals of Kansas.

Opinion filed June 9, 1983.

Attorney(s) appearing for the Case

John R. Toland, of Toland & Thompson, of Iola, for appellants Conrad B. and Mary D. Livingston.

Les Diehl, and Thomas E. Wright, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, for appellee Director of Kansas Real Estate Commission.

Before FOTH, C.J., ABBOTT and MEYER, JJ.

FOTH, C.J.:

Conrad and Mary Livingston appeal from the denial of a postjudgment motion seeking recovery from the real estate recovery revolving fund maintained under K.S.A. 1982 Supp. 58-3066 and its predecessor K.S.A. 58-3023. The trial court denied recovery because it found the underlying transaction was not one which involved real estate as required by the relevant statutes and because the Livingstons' application...

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