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MUNSON v. TRI-STATE COMMODITIES, INC.

No. 91,348.

33 Kan.App. 2d 153 (2004)

98 P.3d 990

GREG MUNSON d/b/a GREG MUNSON TRUCKING, Appellee, v. TRI-STATE COMMODITIES, INC., A Kansas Corporation, Defendant, v. BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Intervenor/Appellant.

Court of Appeals of Kansas.

Opinion filed October 15, 2004.

Attorney(s) appearing for the Case

Teresa L. Sittenauer and Justice B. King, of Fisher, Patterson, Sayler & Smith, L.L.P., for intervenor/appellant.

Jeffery A. Mason, of Vignery & Mason L.L.C., of Goodland, for appellee.

Before MARQUARDT, P.J., HILL and McANANY, JJ.

HILL, J.:

In this appeal, two creditors, Greg Munson, d/b/a Greg Munson Trucking (Munson), and the Burlington Northern and Santa Fe Railway Company (BNSF), that had judgments against Tri-State Commodities, Inc. (Tri-State), are competing for the same garnished funds. First, Munson successfully sued Tri-State and obtained a judgment against it. Later, Tri-State was sued by the BNSF and, in settling this lawsuit, Tri-State assigned to BNSF

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