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FIRST BANK OF WaKEENEY v. MODEN

No. 55,718

235 Kan. 260 (1984)

681 P.2d 11

FIRST BANK OF WaKEENEY, KANSAS, A Corporation, Plaintiff-Appellee, v. ERNEST C. MODEN and HENRIETTA L. MODEN, Husband and Wife, and ERIC MODEN, Defendants-Appellants, and FEDERAL LAND BANK OF WICHITA, Wichita, Kansas, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

Ross Wichman, of Kent, Wichman and Anderson, of Hays, argued the cause and was on the brief for defendants-appellants.

David J. Harding, of WaKeeney, argued the cause and was on the brief for plaintiff-appellee.

Basil C. Marhofer, of Ness City, was on the brief for defendant-appellee.

MEMORANDUM OPINION

Per Curiam:

This is an appeal by two of the defendants, Ernest C. Moden and his wife, Henrietta L. Moden, from the judgment of the Trego District Court in this mortgage foreclosure action. The main issues raised are whether the plaintiff, First Bank of WaKeeney, Kansas, owed Mr. and Mrs. Moden a fiduciary duty, and if so, whether it breached that duty; whether the WaKeeney bank failed to comply with a loan agreement; and whether the...

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