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DEUTSCHE BANK NAT. TRUST CO. v. SUMNER

No. 101,424.

245 P.3d 1057 (2010)

44 Kan.App. 2d 851

DEUTSCHE BANK NATIONAL TRUST CO., Appellee, v. Douglas SUMNER, et al., Appellants, and Board of County Commissioners of Reno County, et al., Defendants. Douglas Sumner and Carol Sumner, Appellants, v. Ameriquest Mortgage Company and Gwendolyn Creel, Appellees.

Court of Appeals of Kansas.

October 29, 2010.

Attorney(s) appearing for the Case

Barry L. Arbuckle , of Wichita, for appellants.

Clayton T. Norkey , of Shook, Hardy & Bacon LLP, of Kansas City, MO, for appellees.

Before GREENE, P.J., GREEN and STANDRIDGE, JJ.

GREENE, J.

Doug and Carol Sumner appeal the district court's dismissal of their claims under the federal Truth in Lending Act (TILA) and the Kansas Consumer Protection Act (KCPA), which they had filed as counterclaims in response to a foreclosure action by Deutsche Bank National Trust Company (Deutsche Bank) on their residence in Hutchinson. They argue that the district court erred in ruling their TILA claims were barred either by the statute of limitations or equitable...

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