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SECURITY BENEFIT LIFE INS. v. FLEMING COMPANIES

No. 72,869

21 Kan. App. 2d 833 (1995)

SECURITY BENEFIT LIFE INSURANCE CORPORATION, Plaintiff, v. FLEMING COMPANIES, INC., Appellee/Cross-Appellant. DATA SYSTEMS, INC., d/b/a RETAIL DATA SYSTEMS OF TOPEKA, Appellant/Cross-Appellee, v. COLBY FOODS, INC., Appellee/Cross-Appellant.

Court of Appeals of Kansas.

Opinion filed December 22, 1995.

Attorney(s) appearing for the Case

Mark W. McKinzie and John M. Ross, of Wallace, Saunders, Austin, Brown, and Enochs, Chartered, of Overland Park, for appellant/cross-appellee.

Henry J. Schulteis, of Topeka, for appellee/cross-appellant Fleming Companies, Inc.

Norman R. Kelly and Robert A. Martin, of Norton, Wasserman, Jones & Kelly, of Salina, for appellee/cross-appellant Colby, Inc.

Before ELLIOTT, P.J., MARQUARDT, J., and DAVID PRAGER, Chief Justice Retired, assigned.

MARQUARDT, J.:

Retail Data Systems, Inc., d/b/a Retail Data Systems of Topeka (RDS), appeals the district court's summary judgment ruling that RDS's lien, filed pursuant to K.S.A. 58-201, was limited in recovery to a portion of the amount claimed for services and equipment it provided to Larry's I.G.A., Inc., (Larry's I.G.A.). RDS appeals. Fleming Companies, Inc., (Fleming) and Colby Foods, Inc., (Colby Foods) cross-appeal, arguing that RDS was not entitled to any...

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