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FIRST NAT'L BANK v. FAMILY MEDICINE CLINIC

No. 64,764

14 Kan. App. 2d 749 (1990)

798 P.2d 519

FIRST NATIONAL BANK OF MEDICINE LODGE, KANSAS, Appellant, v. FAMILY MEDICINE CLINIC OF MEDICINE LODGE, KANSAS, P.A., a/k/a FAMILY MEDICINE CLINIC, INC., AND FIRST NATIONAL BANK OF SYRACUSE, KANSAS, Defendants, KATHY WATKINS, NORA K. BRYAN, GRETTA WINBORNE, JAN SHELDON, JANET CHANCE, MARY THEIS, LORI SWANSON, JULIE SMITH, PATRICIA HARVEY, AND GAYLE WRIGHT, Intervenors/Appellees, THOMAS HICKLIN, Intervenor, FIRST NATIONAL BANK OF SYRACUSE, KANSAS, Third-Party Plaintiff, v. DARYL SCHIFF AND RICHARD P. MUSSELMAN, D.O., Third-Party Defendants.

Court of Appeals of Kansas.

Petition for review denied November 9, 1990.

Attorney(s) appearing for the Case

Robert W. Christensen, of Chapin & Christensen, of Medicine Lodge, for appellant.

Alan C., Goering, of Medicine Lodge, for appellees.

Before ELLIOTT, P.J., JACK L. BURR, District Judge, assigned, and WILLIAM D. CLEMENT, District Judge, assigned.

Petition for review denied 247 Kan. ___ (November 9, 1990).

BURR, J.:

First National Bank of Medicine Lodge appeals a decision of the district court which found that K.S.A. 44-312 grants wage claims priority over prior perfected security interests.

The facts in this case are undisputed. The action began as a foreclosure action by the Bank against Family Medicine Clinic (FMC) on a promissory note secured by FMC's accounts receivable, and involved a...

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