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RURAL GAS, INC. v. NORTH CENTRAL KAN. PROD. CRED. CORP.

No. 61,191

243 Kan. 109 (1988)

755 P.2d 529

RURAL GAS, INC., a Kansas Corporation, Appellant/Cross-appellee, v. NORTH CENTRAL KANSAS PRODUCTION CREDIT CORPORATION, Concordia, Kansas, Appellee/Cross-appellant.

Supreme Court of Kansas.

Opinion filed April 29, 1988.

Attorney(s) appearing for the Case

J. Stan Sexton, of Hampton, Royce, Engleman & Nelson, of Salina, argued the cause, and Fred D. Swoyer, of Swoyer & Simms, of Belleville, was with him on the briefs for appellant.

Don W. Noah, of Noah & Harrison, P.A., of Beloit, argued the cause, and Mark J. Noah, of the same firm, was with him on the brief for appellee.

Dee W. James, of Abilene, was on the amicus curiae brief for The Kansas Fertilizer and Chemical Association.

The opinion of the court was delivered by

HOLMES, J.:

Rural Gas, Inc., (RGI) appeals from an order granting summary judgment to North Central Kansas Production Credit Association, Concordia, Kansas, (PCA) in a declaratory judgment action filed by RGI pursuant to K.S.A. 60-1701 et seq. PCA cross-appeals from a dismissal, pursuant to K.S.A. 60-212(b)(6), of its counterclaim for punitive damages.

This case involves a dispute between two creditors...

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