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IN RE ESTATE OF MADDEN

No. 58,802

11 Kan. App. 2d 540 (1986)

729 P.2d 464

In the Matter of the Estate of E.F. Madden, Deceased. UNION PACIFIC RAILROAD COMPANY, Claimant/Appellant, v. ESTATE OF E.F. MADDEN, Deceased, Appellee.

Court of Appeals of Kansas.

Opinion filed December 11, 1986.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Thompson, Arthur & Davidson, of Russell, for the appellant.

Caleb Boone and Thomas C. Boone, of Law Offices of Thomas C. Boone, of Hays, for the appellee.

Before PARKS, P.J., BRAZIL, J., and DAVID S. KNUDSON, District Judge, assigned.

Aff'd 241 Kan. 414, 736 P.2d 940 (1987).

KNUDSON, J.:

This is an appeal by a creditor from an order of the district court dismissing a claim filed against the decedent's estate. The trial court ruled the claim was barred under the nonclaim statute, K.S.A. 59-2239.

The decedent, E.F. Madden, maintained a grain elevator and other structures upon the Union Pacific Railroad's right-of...

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