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FIDELITY & DEPOSIT CO. OF MD v. SHAWNEE ST. BANK

No. 62,122

13 Kan. App. 2d 182 (1988)

766 P.2d 191

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Appellant, v. THE SHAWNEE STATE BANK, Appellee.

Court of Appeals of Kansas.

Opinion filed December 22, 1988.

Attorney(s) appearing for the Case

Keith K. Couch and Linda S. Trout, of Couch, Strausbaugh & Pierce, Chartered, of Overland Park, and Glenn E. Bradford and Kevin M. McCormick, of Beamer, Slagg, Bradford & McCormick, of Kansas City, Missouri, for the appellant.

Richmond M. Enochs and Timothy G. Lutz, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for the appellee.

Before BRISCOE, P.J., BRAZIL, J., and RICHARD W. WAHL, District Judge, assigned.

Petition for review denied 244 Kan. 737.

BRISCOE, J.:

Plaintiff Fidelity and Deposit Co. of Maryland (F&D) appeals the judgment of the district court entering summary judgment against F&D in its declaratory judgment action against Shawnee State Bank (Bank). F&D sought a declaration by the court that it could proceed in the Bank's name in an action against the Bank's officers and directors pursuant...

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