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CAPITOL FED'L SAVINGS & LOAN ASS'N v. HOGER

No. 70,463

19 Kan. App. 2d 1052 (1994)

880 P.2d 281

CAPITOL FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellant, v. PAUL M. HOGER, MARGARET E. HOGER, and ASSOCIATES FINANCIAL SERVICES COMPANY OF KANSAS, INC., Defendants, and KPL GAS SERVICE (now WESTERN RESOURCES, INC.), Appellee.

Court of Appeals of Kansas.

Opinion filed September 2, 1994.

Attorney(s) appearing for the Case

John Anderson, Jr., of Overland Park, for the appellant.

Jeffrey S. Southard, of Topeka, and Carolyn R. Wade, of Kansas City, Missouri, for the appellee.

Gerald L. Goodell and Curtis J. Waugh, of Goodell, Stratton, Edmonds & Palmer, of Topeka, for amicus curiae Kansas-Nebraska League of Savings Institutions.

Before BRISCOE, C.J., RULON and LEWIS, JJ.

BRISCOE, C.J.:

In this foreclosure action, Capitol Federal Savings and Loan Association appeals from the district court's order granting Western Resources, Inc.'s purchase money security interest in fixtures priority over Capitol Federal's previously recorded real estate mortgage. Capitol Federal contends Western Resources' remedy was limited to repossession of the fixtures.

Capitol Federal held a real estate mortgage on the home of Paul and Margaret Hoger...

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