FEDERAL LAND BANK OF WICHITA v. BOTT

Nos. 59,734, 59,737

240 Kan. 624 (1987)

732 P.2d 710

THE FEDERAL LAND BANK OF WICHITA, Appellee, v. DELWIN BOTT, LOIS BOTT, HERMAN BOTT, and AMANDA BOTT, Appellants, and THE LINN STATE BANK, Defendant, and THE FEDERAL LAND BANK OF WICHITA, Appellee, v. HERMAN BOTT, AMANDA BOTT, DELWIN BOTT, and LOIS BOTT, Appellants, consolidated with THE FEDERAL LAND BANK OF WICHITA, Appellee, v. CLARENCE J. NELSON and ETHEL A. NELSON, Appellants.

Supreme Court of Kansas.

Opinion filed February 18, 1987.


Attorney(s) appearing for the Case

Philip D. Gordon, of Colmery, McClure, Letourneau, Merriam & Stauffer, P.A., of Topeka, argued the cause and was on the briefs for appellants Bott.

Dale M. Sprague, of McPherson, argued the cause and Fred W. Swoyer, of Swoyer & Simms, of Belleville, was with him on the briefs for appellants Nelson.

Calvin J. Karlin, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, and Edward F. Wiegers, of Galloway, Wiegers, Sprouse & Heeney, P.A., of Marysville, argued the cause and Byron E. Springer, of Barber, Emerson, Six, Springer & Zinn, of Lawrence, was with them on the brief for appellee.

William J. Madden, of Hays, argued the cause and was on the brief for amicus curiae Kansas Legal Services, Inc.

Charles S. Arthur, of Manhattan, was on the brief for amicus curiae The Kansas Farm Bureau.

Ronald M. Gott, of Gott, Young & Bogle, P.A., of Wichita, was on the brief for amicus curiae The Equitable Life Assurance Society of the United States.

Wm. Scott Hesse, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and Thomas Lietz, assistant attorney general, were with him on the brief for intervenor State of Kansas.


The opinion of the court was delivered by

HERD, J.:

This is a consolidated appeal from decisions of the district courts of Washington and Republic Counties, holding the Family Farm Rehabilitation Act, K.S.A. 1986 Supp. 2-3401 et seq., unconstitutional.

The facts are not in dispute.

No. 59,734

On November 13, 1985, the appellee Federal Land Bank of Wichita filed a foreclosure action in...

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