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YORK v. InTRUST BANK, N.A.

No. 75,834.

265 Kan. 271 (1998)

962 P.2d 405

RICHARD B. YORK and VESTA L. YORK, Husband and Wife, Appellees/Cross-appellants, v. InTRUST BANK, N.A., a federally chartered banking corporation, Appellant/Cross-appellee, and LOST CREEK ESTATES, INC., a Kansas corporation; J.W. RUSSELL; MARGE DELMAR; PLAZA DEL SOL REAL ESTATE, INC., a real estate firm; SHARON WEST; BREEZY LAKE HOMEOWNERS ASSOCIATION, a nonprofit corporation; and THE ARCHITECTURAL CONTROL COMMITTEE FOR BREEZY LAKE HOMEOWNERS ASSOCIATION, Defendants.

Supreme Court of Kansas.

Opinion filed June 5, 1998.

Attorney(s) appearing for the Case

Thomas D. Kitch, of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, argued the cause, and Lyndon W. Vix and Kent A. Meyerhoff, of the same firm, were with him on the briefs for appellant/cross-appellee.

Lee H. Woodard, of Woodard, Blaylock, Hernandez, Roth & Day, of Wichita, argued the cause, and John L. Carmichael, of Wilson, Lee & Gurney, of Wichita, was with him on the briefs for appellees/cross-appellants.

The opinion of the court was delivered by

LARSON, J.:

This is a multiple issue appeal and cross-appeal raising questions of fraud, conspiracy, aiding and abetting, violations of the Kansas Consumer Protection Act (KCPA), release, both compensatory and punitive damages, remittitur, pro tanto credit for settlements, and attorney fees.

Highly summarized, the issues we consider arose when Richard York and his wife, Vesta, sued numerous defendants in connection...

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