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WESTERN LIFE INS. CO. v. McPHERSON K.M.P.

Civ. A. No. 87-1389.

702 F.Supp. 836 (1988)

WESTERN LIFE INSURANCE CO., Plaintiff, v. McPHERSON K.M.P., E.N. Maisel & Associates, and Kannet Partners & Co., Defendants.

United States District Court, D. Kansas.

December 29, 1988.

Attorney(s) appearing for the Case

Harvey J. Snapp, Newton, Kan., Martin W. Bauer, Martin, Pringle, Oliver, Wallace & Swartz, Wichita, Kan., for plaintiff.

Thomas D. Kitch, Steve M. Stark, Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., for defendants.

OPINION AND ORDER

THEIS, District Judge.

This mortgage foreclosure action is presently before the court on cross motions for summary judgment. Plaintiff seeks enforcement of a due-on-sale clause which allowed plaintiff to accelerate payment on a note when the mortgaged property was sold without its prior written consent. Defendants allege that plaintiff unreasonably withheld its consent to the sale and seek summary...

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