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SOUTHWEST NAT'L BANK OF WICHITA v. ATG CONSTR. MGT.

No. 59,376

241 Kan. 257 (1987)

736 P.2d 894

SOUTHWEST NATIONAL BANK OF WICHITA, Appellee, v. ATG CONSTRUCTION MANAGEMENT, INC., et al., Defendants; and STAR LUMBER & SUPPLY COMPANY, INC.; and VALENTINE ROOFING AND WATERPROOFING, INC., Appellants.

Supreme Court of Kansas.

Opinion filed May 1, 1987.

Attorney(s) appearing for the Case

Orlin L. Wagner, of Wichita, argued the cause and was on the brief for appellants.

Martin R. Ufford, of Redmond, Redmond, O'Brien & Nazar, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from three real estate foreclosure proceedings which were consolidated for discovery and trial.

Between September 1983 and July 1984, the plaintiff/appellee Southwest National Bank of Wichita (Bank) made several construction loans to ATG Construction Management, Inc., (ATG) to enable ATG to build single-family dwellings. Six of these loans went into default and on October 15, 1984...

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