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IN RE OWEN

Bankruptcy No. 88-4142-R.

101 B.R. 266 (1989)

In re Gerald Marshall OWEN, Debtor. CITADEL BANK OF AUGUSTA, Plaintiff-Appellant, v. Joseph I. WITTMAN, Trustee, and Gerald Marshall Owen and Patricia J. Owen, Defendants-Appellees.

United States District Court, D. Kansas.

May 19, 1989.

Attorney(s) appearing for the Case

James R. Gilhousen, Crockett, Keeley & Gilhousen, Wichita, Kan., for plaintiff-appellant.

James L. Hargrove, El Dorado, Kan., for defendants-appellees.

Joseph I. Wittman, Topeka, Kan., trustee.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a bankruptcy appeal which derives from an adversary proceeding brought by the Citadel Bank of Augusta. There is no serious dispute as to the facts in this case. The issue on appeal is a question of law. Therefore, the decision of the bankruptcy court is freely reviewable. In re Yeates, 807 F.2d 874, 877 (10th Cir. 1986).

The bankruptcy court accepted the...

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