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IN RE ESTATE OF McDOWELL

No. 62,901

245 Kan. 278 (1989)

777 P.2d 826

IN THE MATTER OF THE ESTATE OF EVERETT LEROY McDOWELL, Deceased. SOUTHWEST NATIONAL BANK, Appellee, v. ESTATE OF EVERETT LEROY McDOWELL, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1989.

Attorney(s) appearing for the Case

Ken W. Dannenberg, of John A. Vetter, P.A., of Wichita, argued the cause, and John A. Vetter, of the same firm, was with him on the brief for appellant.

Warren G. Jones, of Malone, Dwire and Jones, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

The Estate of Everett Leroy McDowell, deceased, appeals from an order allowing a claim filed by the Southwest National Bank (Bank). The claim was filed after the expiration of the four-month period provided for by the Kansas nonclaim statute (K.S.A. 1988 Supp. 59-2239). The trial court held, based on Tulsa Collection Servs. v. Pope, 485 U.S. 478, 99 L.Ed.2d 565...

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