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EMPRISE BANK v. RUMISEK

No. 99,963.

215 P.3d 621 (2009)

EMPRISE BANK, a banking corporation, Appellee, v. John D. RUMISEK and Gary S. Benton, Appellants. Gary S. Benton and John D. Rumisek, Third-party Plaintiffs/Appellants/Cross-appellees, v. Mid America Surgical Associates, L.L.C., Badr Idbeis, and Robert Fleming, Third-party Defendants/Appellees/Cross-appellants.

Court of Appeals of Kansas.

August 28, 2009.

Attorney(s) appearing for the Case

Alan L. Rupe, of Kutak Rock, LLP, of Wichita, for appellants/third-party plaintiffs/cross-appellees.

Michael G. Jones and W. Rick Griffin, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, for appellees/third-party defendants/cross-appellants.

Before McANANY, P.J., ELLIOTT and CAPLINGER, JJ.

McANANY, J.

This appeal arises out of Emprise Bank's suit against Drs. Gary S. Benton and John D. Rumisek to collect on personal guaranties they gave the bank to secure the debt of Mid America Surgical Associates, L.L.C. (MASA), the entity through which they conducted their specialty surgical practices. Benton and Rumisek, along with Drs. Badr Idbeis and Robert Fleming, owned and operated MASA. In response to the bank's suit...

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