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CAPITAL SERV. v. DAHLINGER PONTIAC-CADILLAC

No. 56,205

10 Kan. App. 2d 328 (1985)

699 P.2d 549

CAPITAL SERVICES, INC., Appellee, v. DAHLINGER PONTIAC-CADILLAC, INC., Defendant, and KANSAS STATE BANK AND TRUST CO., Appellant.

Court of Appeals of Kansas.

Opinion filed May 2, 1985.

Attorney(s) appearing for the Case

John R. Morse, of Fleeson, Gooing, Coulson & Kitch, of Wichita, for the garnishee/appellant.

James A. Walker, of Martin, Pringle, Oliver, Triplett & Wallace, of Wichita, for the appellee.

Before FOTH, C.J., SWINEHART, J. and FREDERICK WOLESLAGEL, District Judge Retired, Assigned.

Petition for review denied 237 Kan. 886.

WOLESLAGEL, J.:

The Kansas State Bank and Trust Company (Bank) appeals a judgment holding that deposits in an account of its customer, Dahlinger Pontiac-Cadillac, Inc. (Dahlinger), were subject to an order of garnishment issued by Capital Services, Inc. (Capital), Dahlinger's judgment creditor. This account was maintained to provide funds to meet Dahlinger's payroll, Dahlinger then being in financial difficulty.

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