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IN RE YEAGLEY

Bankruptcy No. 94-21919-7, Adversary No. 95-6012.

220 B.R. 402 (1998)

In re Dibert K. YEAGLEY and Melinda R. Yeagley, Debtors. David C. SEITTER, as Trustee for Estate of Dibert and Melinda R. Yeagley, Plaintiff, v. FARMER'S COMMODITIES CORPORATION, Defendant.

United States Bankruptcy Court, D. Kansas.

April 17, 1998.

Attorney(s) appearing for the Case

David C. Seitter, Jean M. Bobrink, Levy and Craig, P.C., Overland Park, KS, for Plaintiff.

Thomas E. Osborn, Holbrook, Heaven & Fay, P.A., Kansas City, KS, for Defendant.

MEMORANDUM ON SUMMARY JUDGMENT FOR DEFENDANT1

JOHN T. FLANNAGAN, Bankruptcy Judge.

The Yeagleys had maintained a margin account with Farmer's Commodities Corporation, a commodity broker. When trading in the account produced a deficiency that exceeded $46,000, Farmer's made numerous "margin calls" as provided by the account contract. The Yeagleys tendered a $35,000 check; Farmer's credited the payment to the Yeagleys' account...

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