SINCLAIR OIL CORP. v. SYLVAN STATE BANK

No. 69,653

254 Kan. 836 (1994)

869 P.2d 675

SINCLAIR OIL CORPORATION, Plaintiff, v. SYLVAN STATE BANK, Defendant.

Supreme Court of Kansas.

Opinion filed March 4, 1994.


Attorney(s) appearing for the Case

F. Allen Speck, of McDowell, Rice & Smith, of Kansas City, Missouri, argued the cause, and Charles E. Fowler and Katharina E. Beal, of the same firm, were with him on the brief for plaintiff.

B. Scott Tschudy, of Perry, Hamill & Fillmore, of Overland Park, argued the cause and Thomas A. Hamill, of the same firm, was with him on the brief for defendant.

Anne Lamborn Baker, of Wright, Henson, Somers, Sebelius, Clark & Baker, of Topeka, for amicus curiae Kansas Bankers Association.

John J. Gill, of Washington, D.C., for amicus curiae American Bankers Association.

Robert G. Ballen and Laura F.H. McDonald, of Morrison & Foerster, of Washington, D.C., for amicus curiae National Automated Clearing House Association.


The opinion of the court was delivered by

DAVIS, J.:

This case is pending in the United States District Court for the District of Kansas. It comes before this court on three questions certified by the United States District Court pursuant to K.S.A. 60-3201 et seq. With the certified questions, the United States District Court in its memorandum and order has provided us with a factual background and summary of the legal issues presented. In order to...

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