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MOORE v. STATE BANK OF BURDEN

No. 59,132

240 Kan. 382 (1986)

729 P.2d 1205

RODNEY A. MOORE, next of kin of KATHLEEN A. GRUBB, Deceased, and Administrator of the Estate of KATHLEEN A. GRUBB, Deceased, Appellant, v. THE STATE BANK OF BURDEN, A Kansas Banking Corporation; WAYNE E. TEMPLE and RUBY M. TEMPLE; both Individuals, Appellees.

Supreme Court of Kansas.

Opinion filed December 5, 1986.

Attorney(s) appearing for the Case

Steven L. Cranford, of Wichita, argued the cause and P. David Egan, of Wichita, was with him on the briefs for appellant.

Steven D. Gough, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause and Linda S. Parks, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

Rodney A. Moore, administrator of the estate of Kathleen A. Grubb, appeals from an order of summary judgment granted in favor of the defendants, The Kansas State Bank of Burden (Bank), Wayne E. Temple, and Ruby M. Temple, in an action based upon an alleged illegal setoff of funds by the Bank.

On August 10, 1983, Kathleen A. Grubb filed a petition naming the Bank and Wayne E. Temple, its president...

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