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BARTLETT COOPERATIVE ASS'N v. PATTON

No. 58,679

239 Kan. 628 (1986)

722 P.2d 551

BARTLETT COOPERATIVE ASSOCIATION, Appellant, v. RON PATTON, Appellee, and COFFEYVILLE STATE BANK, Garnishee.

Supreme Court of Kansas.

Opinion filed July 18, 1986.

Attorney(s) appearing for the Case

Morris D. Hildreth, of Becker, Hildreth, Eastman, Gossard, Bell and Hassenplug, of Coffeyville, argued the cause and was on the briefs for appellant.

Edward W. Dosh, of Parsons, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Plaintiff Bartlett Cooperative Association obtained a judgment against defendant Ron Patton. In attempting to collect the judgment, plaintiff garnished defendant's Individual Retirement Account (IRA) in the Coffeyville State Bank. The district court held the IRA was exempt from garnishment under federal law. Plaintiff appeals from this determination.

The first issue is procedural in nature. Plaintiff...

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