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IN RE TOPSY'S SHOPPES, INC. OF KANSAS

Civ. A. No. 90-2209-0, Bankruptcy No. 89-21062-11.

131 B.R. 886 (1991)

In re TOPSY'S SHOPPES, INC. OF KANSAS, Debtor. T.S. NOTE COMPANY, Appellant, v. UNITED KANSAS BANK & TRUST, Appellee.

United States District Court, D. Kansas.

August 15, 1991.

Attorney(s) appearing for the Case

Joanne B. Stutz, Evans & Mullinix, Lenexa, Kan., Carol Park Thompson, Arkansas City, Kan., for Topsy's Shoppes, Inc. of Kansas.

Donald E. Bucher, Moore & Bucher, P.C., Kansas City, Mo., for T.S. Note Co.

Chris W. Henry, McDowell, Rice & Smith, P.C., Overland Park, Kan., for United Kansas Bank & Trust.

Daniel M. Zimmerman, Speer, Austin, Holliday & Ruddick, Olathe, Kan., for Dick L. Sandifer and Cecilia R. Sandifer.

Timothy J. Carmody, Johnson County Legal Dept., Olathe, Kan., for Johnson County Bd. of County Com'rs.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on appellant T.S. Note Company's ("TSN's") appeal from the Bankruptcy Court's May 15, 1990, Journal Entry of Judgment directing verdict for appellee United Kansas Bank & Trust ("UKBT"). In the Journal Entry of Judgment, the Bankruptcy Court concluded that appellant had failed to present a prima facie case at trial and found that UKBT had a prior lien and prior security...

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