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NATIONAL FARMERS ORGANIZATION v. KINSLEY BANK

Nos. 81-2008, 81-2075.

731 F.2d 1464 (1984)

NATIONAL FARMERS ORGANIZATION, INC., Plaintiff, Kenneth Burkhart, Judy Catherine Burkhart, and David G. Arst, Trustee in Bankruptcy, Plaintiffs-Appellees/Cross-Appellants, v. The KINSLEY BANK, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

March 29, 1984.

Attorney(s) appearing for the Case

Emmet A. Blaes of Jochems, Sargent & Blaes, Wichita, Kan., and Stan Wisdom of Stinson, Wisdom, Lasswell & Wilson, Wichita, Kan., for defendant-appellant/cross-appellee.

James M. Concannon, III, Topeka, Kan. (Michael J. Friesen, Garden City, Kan., with him on the brief), for plaintiffs-appellees/cross-appellants.

Charles N. Henson and Anne L. Baker of Eidson, Lewis, Porter & Haynes, Topeka, Kan., filed an amicus curiae brief for The Kansas Bankers Ass'n.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

The Kinsley Bank has appealed a jury verdict in favor of plaintiffs Kenneth Burkhart (Burkhart), his wife Judy Burkhart, and David Arst, Kenneth Burkhart's Trustee in Bankruptcy. The jury found the bank reneged on an agreement to loan Burkhart a large sum of money to purchase feeder lambs, and rendered a judgment against the bank for $196,736.83. On appeal the bank asserts three defenses to liability: that the loan was illegal because it was...

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