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PETERSON v. MIDLAND NAT'L BANK

No. 60,437

242 Kan. 266 (1987)

747 P.2d 159

GARY PETERSON, Plaintiff-Appellee, v. MIDLAND NATIONAL BANK, Defendant-Appellant, and MARJORIE WHARTON WELLS, and WHARTON RANCHES, INC., Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1987.

Attorney(s) appearing for the Case

David C. Burns, of Speir, Stroberg & Sizemore, of Newton, argued the cause, and A. James Gillmore, of the same firm, was with him on the briefs for appellant.

Charles R. Rayl, of Rayl and Fowler, Chartered, of Cottonwood Falls, argued the cause and was on the brief for appellee Gary Peterson.

Don C. Krueger, of Emporia, argued the cause and was on the brief for appellees Marjorie Wharton Wells and Wharton Ranches, Inc.

The opinion of the court was delivered by

McFARLAND, J.:

This action was commenced by Gary Peterson against defendant Midland National Bank seeking payment for hay provided to certain cattle in which Midland had a security interest. The Peterson claim was based, in part, upon foreclosure of a lien pursuant to K.S.A. 58-207. Inasmuch as this was a lien foreclosure action, the district court ordered Marjorie Wharton...

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