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BROADWAY NAT'L BANK v. G & L ATHLETIC SUPPLIES

No. 56,586

10 Kan. App. 2d 43 (1984)

691 P.2d 400

BROADWAY NATIONAL BANK, Appellant, v. G & L ATHLETIC SUPPLIES, INC.; MARILYN FARMER GIANGRECO, an Individual, and MARILYN FARMER GIANGRECO, d/b/a G & L ATHLETIC SUPPLIES, INC., Appellees.

Court of Appeals of Kansas.

Opinion filed December 6, 1984.

Attorney(s) appearing for the Case

Howard L. Lyden, of Roth & Lyden, of Overland Park, and Duke W. Ponick, Jr., of Kansas City, Missouri, for appellant.

J. Eugene Balloun and Ron Bodinson, of Shook, Hardy & Bacon, of Overland Park, for appellees.

Before ABBOTT, P.J., C. FRED LORENTZ, District Judge, Assigned, and HARRY G. MILLER, District Judge Retired, Assigned.

Petition for review denied 236 Kan. 875 (1985).

ABBOTT, J.:

This is an action brought by the plaintiff, Broadway National Bank, to recover certain machinery, equipment and inventory in which it claims a security interest. The trial court held the defendants to be buyers not in the ordinary course of business with priority over Broadway National Bank's unperfected security interest.

Broadway National Bank (Bank) extended a line of credit to G &...

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