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FIRST NAT'L BANK & TR. v. ATCHISON CTY. AUCTION

No. 56,678

10 Kan. App. 2d 382 (1985)

699 P.2d 1032

FIRST NATIONAL BANK AND TRUST COMPANY OF OKLAHOMA CITY, OKLAHOMA, Appellee, v. ATCHISON COUNTY AUCTION COMPANY, INC., ATCHISON, KANSAS, Appellant.

Court of Appeals of Kansas.

Opinion filed May 2, 1985.

Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, for the appellant.

William Hergenreter, of Shaw, Hergenreter & Quarnstrom, of Topeka, for the appellee.

Before FOTH, C.J., SWINEHART and BRISCOE, JJ.

Petition for review denied 237 Kan. 886.

SWINEHART, J.:

Atchison County Auction Company (Atchison Auction) appeals from the judgment of the district court which found it liable to the First National Bank & Trust Company of Oklahoma City (Bank) for the proceeds from an unauthorized sale of seventy-five head of cattle covered by the Bank's perfected security interest.

In September 1981, Dr. Wilbur Hilst, a Topekan, sought financing for the purchase...

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