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BALDWIN v. HAYS ASPHALT CONSTR., INC.

No. 71,834

20 Kan. App. 2d 853 (1995)

ED BALDWIN d/b/a BUDGET HOST INN, Appellee, v. HAYS ASPHALT CONSTRUCTION, INC., Appellant.

Court of Appeals of Kansas.

Opinion filed April 7, 1995.

Attorney(s) appearing for the Case

John A. O'Leary, of Hampton, Royce, Engleman & Nelson, L.C., of Salina, for appellant.

Jerry D. Fairbanks, of Goodland, for appellee.

Before LEWIS, P.J., ELLIOTT, J., and DAVID W. KENNEDY, District Judge, assigned.

ELLIOTT, J.:

Ellis County Equipment Company (ECE) appeals the trial court's ruling it did not have a security interest in certain assets of Hays Asphalt Construction, Inc. (HAC).

We reverse and remand.

The facts are essentially undisputed. Ed Baldwin d/b/a Budget Host Inn obtained a default judgment against HAC. The City of Ness City owed HAC money which Baldwin sought to garnish in order to collect his judgment.

ECE intervened in the garnishment...

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