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DEAN OPERATIONS, INC. v. ONE SEVENTY ASSOCS.

No. 70,388

257 Kan. 676 (1995)

DEAN OPERATIONS, INC., Appellant, v. ONE SEVENTY ASSOCIATES, a Missouri General Partnership, and DEAN REALTY CO., Defendants, and CPI 1986-1, a Missouri General Partnership, and ROGER L. COHEN, EDWARD C. DOERR, DAVID M. LACY, WILLIAM K. STAPP, GREGORY F. CHIRPICH, DON R. MADDUX, TIM SCHAEFFER, THOMAS D. GILLARD, JERRY GRIDER, HARRISON JEDEL, J.R. POPPLEWELL, and JACOB F. MAY, General Partners of CPI 1986-1, Appellees.

Supreme Court of Kansas.

Opinion filed June 2, 1995.

Attorney(s) appearing for the Case

James C. Wirken and Stephen D. Presser, of The Wirken Group, P.C., of Kansas City, Missouri, argued the cause, and Brian F. McCallister, of the same firm, was with them on the briefs for appellant.

Leonard Rose, of Rose, Brouillette & Shapiro, P.C., of Kansas City, Missouri, argued the cause, and Greer S. Lang, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

This interlocutory appeal arises from a partnership dispute involving commercial real property located in Wyandotte County, Kansas. Dean Operations, Inc. (Operations), a Missouri corporation, filed a petition to foreclose on a loan it had originally signed as guarantor, and later purchased, on commercial real property owned by One Seventy Associates (the Partnership), a Missouri general partnership comprised...

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