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FIRST NAT. BANK IN FAIRFIELD v. KENNY

No. 89-434.

454 N.W.2d 589 (1990)

FIRST NATIONAL BANK IN FAIRFIELD, Appellee, v. Michal KENNY, William C. Fisher II, and Realty Technologies Corporation, Defendants, and Raymond M. Kobayashi, Jr., and Gloria A. Kobayashi, Appellants.

Supreme Court of Iowa.

April 18, 1990.

Attorney(s) appearing for the Case

Ed Kelly of Kelly & Morrissey, Fairfield, for appellants Kobayashis.

Craig R. Foss of Foss, Kuiken & Gookin, P.C., Fairfield, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, SNELL, and ANDREASEN, JJ.

SNELL, Justice.

The Kobayashis appeal from summary judgment awarding the First National Bank in Fairfield (Bank) title to certain real estate based on a foreclosure action. We reverse and remand.

The Kobayashis brought suit against William C. Fisher (Fisher), then a resident of Hawaii, in late 1981, based on Fisher's defaults on a debt to the Kobayashis. In early 1984 the Hawaii Circuit Court granted a deficiency judgment to the Kobayashis, and subsequent...

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