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SIMMONS FOODS, INC. v. CAPITAL CITY BANK, INC.

No. 98-4035-RDR.

270 B.R. 295 (2001)

SIMMONS FOODS, INC., Plaintiff, v. CAPITAL CITY BANK, INC., Defendant.

United States District Court, D. Kansas.

October 17, 2001.

Attorney(s) appearing for the Case

Brock R. Snyder, Law Office of Brock R. Snyder, Topeka, KS, Troy A. Unruh, The Advocates Group, Pittsburg, KS, for plaintiff.

Marta Fisher Linenberger, Arthur E. Palmer, Goodell, Stratton, Edmonds & Palmer, Topeka, KS, for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is a diversity action that arises out of a bankruptcy proceeding. Simmons Foods, Inc., a junior creditor of Teets Food Distribution Company, Inc. (Teets), seeks damages from Capital City Bank, Inc. (Bank), a senior creditor of Teets. Simmons Foods asserts claims of breach of the marshaling doctrine, breach of fiduciary duty, negligence, breach of constructive trust, unjust enrichment, and conversion of property...

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