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COOKE v. GILLESPIE

No. 96,250.

176 P.3d 144 (2008)

Polly T. COOKE, Trustee of the Polly. G. Townsend Revocable Trust, Appellant, v. James P. GILLESPIE, Executor of the Warren B. Gillespie Estate, Appellee.

Supreme Court of Kansas.

February 1, 2008.

Attorney(s) appearing for the Case

Jeffery L. Carmichael, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause and was on the briefs for appellant.

Stephen M. Kerwick, of Foulston Siefkin LLP, of Wichita, argued the cause, and Dennis L. Gillen, of Depew Gillen Rathbun & McInteer, L.C., of Wichita, was with him on the brief for appellee.

The opinion of the court was delivered by NUSS, J.:

This appeal is the latest in a dispute which has spawned over 20 years of litigation, five prior trips to this court, three to our Court of Appeals, and 5 years of litigation in the United States Bankruptcy Court. The current disagreement arises out of an interpleader action to determine distribution of funds that had been withheld from these parties' lawsuit settlement proceeds in order to pay litigation expenses...

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