No. 97-1302-JTM.

4 F.Supp.2d 1280 (1998)

Janie MARCOTTE and Bruce Marcotte, Plaintiffs, v. STATE FARM FIRE & CASUALTY COMPANY, Garry L. Peterson, Charlie Bowers and Elaine Bowers, and Concordia Auto Mart, Inc., Defendants.

United States District Court, D. Kansas.

June 1, 1998.

Attorney(s) appearing for the Case

Dan E. Turner, Phillip L. Turner, Turner & Turner, Topeka, KS, for Janie Marcotte, Bruce Marcotte.

Brian Wilson Wood, Hampton, Royce, Engleman & Nelson, Salina, KS, for Gary L. Peterson.

Robert Minter, Minter, Case & Zimmerman, Wichita, KS, for Charlie Bowers, Elaine Bowers, Concordia Auto Mart Inc.

Michael R. O'Neal, Gilliland & Hayes, P.A., Hutchinson, KS, for State Farm Fire & Cas. Co.

Dan E. Turner, Phillip L. Turner, Turner & Turner, Topeka, KS, for Janie Marcotte.


MARTEN, District Judge.

The present action arose following the plaintiffs Janie and Bruce Marcotte's 1993 purchase of a Concordia, Kansas motel from the defendants Charlie and Elaine Bowers. At some point the Marcottes defaulted on the purchase arrangements, and on August 19, 1995, the parties contracted to terminate the prior agreement, and the Bowerses paid the Marcottes $6,000. On July 11, 1997, the Marcottes instituted the present...

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