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CARSON v. DAVIDSON

No. 65279.

808 P.2d 1377 (1991)

248 Kan. 543

William D. CARSON and Norma I. Carson, Appellants, v. J.M. DAVIDSON and Danny Martin, Appellees.

Supreme Court of Kansas.

April 12, 1991.

Attorney(s) appearing for the Case

Charles D. Green, of Arthur, Green, Arthur, Conderman & Stutzman, of Manhattan, argued the cause and was on the briefs, for appellants.

Troy V. Huser, of Myers, Pottroff & Ball, of Manhattan, argued the cause, and Dan H. Myers, of the same firm, was with him on the brief, for appellee J.M. Davidson.

David K. Clark, of Law Offices of David K. Clark, of Fredonia, was on the brief, for appellee Danny Martin.

McFARLAND, Justice:

In this action plaintiffs William D. and Norma I. Carson are seeking to recover on a judgment they have against a dissolved corporation from defendants J.M. Davidson and Danny Martin, who were the stockholders receiving the assets of the corporation upon dissolution. Recovery is sought under the trust fund doctrine. The district court held that Kansas has not adopted the trust fund doctrine and entered summary judgment in favor of defendants. Plaintiffs...

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