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MATTER OF KERN

Nos. 76-93-B2, 76-92-B2, Civ. A. No. 77-2255.

443 F.Supp. 219 (1977)

In the Matter of Charles William KERN and Shirley Yvonne Kern, Bankrupts. F. Stannard LENTZ, Trustee, Plaintiff-Appellee, v. The ST. MARY'S STATE BANK, Defendant-Appellant.

United States District Court, D. Kansas.

December 12, 1977.

Attorney(s) appearing for the Case

Ima Goehring of Goehring, Turner & Williams, Kansas City, Mo., for bankrupts.

F. Stannard Lentz of Hamill, Lentz, Neill & Dwyer, Shawnee Mission, Kan., for plaintiff-appellee.

James W. Morrison of Morrison & Frost, St. Marys, Kan., for defendant-appellant.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

This is an appeal from Bankruptcy Court by The St. Mary's State Bank (henceforth "Bank"). The issue presented is whether the Bank or the Trustee in Bankruptcy has the right to a tri-level mobile home owned by the bankrupts.

Charles William Kern and Shirley Yvonne Kern purchased the mobile home in question from Fields Mobile Homes on December 13, 1972, after borrowing $10,000.00 from the Bank and executing...

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