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RILEY STATE BANK v. SPILLMAN

No. 60,726

242 Kan. 696 (1988)

750 P.2d 1024

RILEY STATE BANK OF RILEY, Appellee, v. JAMES A. SPILLMAN and BEVERLY SPILLMAN d/b/a OLD TOWN COIN and GUN SHOP, Appellants.

Supreme Court of Kansas.

Opinion filed February 19, 1988.

Attorney(s) appearing for the Case

Michael E. Riling, of Riling, Norwood, Burkhead, Fairchild & Nitcher, Chartered, of Lawrence, argued the cause and was on the brief for appellants.

Jeffrey W. Jones, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause and Thomas L. Theis, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is a civil case by the Riley State Bank against James and Beverly Spillman for judgment on a note and to foreclose a security agreement. The Spillmans deny the allegations of the Bank's petition and counterclaim against the Bank for unlawfully possessing their property and for conversion. The trial court bifurcated the case and granted summary judgment for the...

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