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FARMERS STATE BANK OF INGALLS v. FRIESEN

No. 65,170

15 Kan. App. 2d 132 (1990)

803 P.2d 1049

FARMERS STATE BANK OF INGALLS, KANSAS, Appellant, v. MICHAEL J. FRIESEN, et al., Appellees.

Court of Appeals of Kansas.

Opinion filed December 28, 1990.

Attorney(s) appearing for the Case

Philip Ridenour, of Ridenour and Knobbe, of Cimarron, for the appellant.

Phyllis F. Wendler, of Friesen & Wendler, P.A., of Garden City, for the appellees Michael J. Friesen and Lydia Kay Friesen.

Robert R. Johnson and Jon R. Craig, of Law Office of Jon R. Craig, of Garden City, for the appellee Pauline Rains.

Before BRISCOE, C.J., GERNON, J., and JANICE D. RUSSELL, District Judge, assigned.

Petition for review denied 248 Kan. 995 (1991).

RUSSELL, J.:

The Farmers State Bank of Ingalls, Kansas, (Bank) appeals the district court's order dismissing its claims against defendants Michael Friesen and Pauline Rains. The order in question was based upon the court's interpretation of K.S.A. 59-1303. For the reasons set out herein, we reverse.

Although not disputed, the facts are somewhat complex. Prior to October 1986, the Bank had loaned money...

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