CITY OF SALINA v. STAR B, INC.

No. 59,442

241 Kan. 692 (1987)

739 P.2d 933

THE CITY OF SALINA, KANSAS v. STAR B, INC., et al. THE FIRST NATIONAL BANK & TRUST COMPANY OF SALINA, SALINA, KANSAS, Appellant, v. FIRST AGENCY OF LEOTI, INC., Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1987.


Attorney(s) appearing for the Case

Aubrey G. Linville, of Clark, Mize & Linville, Chartered, of Salina, argued the cause and was on the brief for the appellant.

John Q. Royce, of Hampton, Royce, Engleman & Nelson, of Salina, argued the cause, and David D. Moshier, of the same firm, was with him on the brief for the appellee.


The opinion of the court was delivered by

MILLER, J.:

The City of Salina, Kansas, brought this condemnation proceeding to acquire several tracts of land. A dispute arose between the First National Bank & Trust Company of Salina (First National Bank) and First Agency of Leoti, Inc., (First Agency) over priority to proceeds from the condemnation of real estate belonging to a debtor of both parties. The trial court held that First Agency had priority to the...

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