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BUSH v. SHOEMAKER-BEAL

No. 79,691.

26 Kan. App.2d 183 (1999)

987 P.2d 1103

KEVIN D. BUSH and MARY B. BUSH, husband and wife; and CAPITOL FEDERAL SAVINGS & LOAN ASSN., Appellants, v. ROBERTA J. SHOEMAKER-BEAL and JAMES B. BEAL, husband and wife; Defendants, and STATE FARM FIRE & CASUALTY COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed May 28, 1999.

Attorney(s) appearing for the Case

Harold S. Youngentob and Penny R. Moylan, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, for appellants Kevin D. Bush and Mary B. Bush.

Gilbert L. Guthrie and Terry L. Unruh, of Grace, Unruh & Pratt, L.C., of Wichita, for appellee.

Before ROYSE, P.J., GERNON and KNUDSON, JJ.

KNUDSON, J.:

Kevin D. and Mary B. Bush (collectively "Bush") purchased a residence with undisclosed termite damage from Roberta J. Shoemaker-Beal and James B. Beal (collectively "Beal"). After obtaining a $100,000 default judgment based upon negligent misrepresentations by Beal, garnishment proceedings were commenced against State Farm Fire & Casualty Company under a rental dwelling policy previously issued to Beal. Bush appeals from the district court's determination...

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