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IN RE EDMISTON

Bankruptcy No. 80-11790, Adv. No. 80-0877.

36 B.R. 1 (1982)

In re Kenneth Gene EDMISTON, a/k/a Gene Edmiston, and Virginia Mae Edmiston, a/k/a Jenny Edmiston, Debtors. WESTERN SURETY COMPANY, Plaintiff, v. Kenneth G. EDMISTON, a/k/a Edmiston Oil Company, a Kansas Corporation and Kansas Department of Revenue.

United States Bankruptcy Court, D. Kansas.

August 11, 1982.

Attorney(s) appearing for the Case

Larry T. Solomon, Kingman, Kan., for plaintiff Western Sur. Co.

David G. Crockett and David A. Gripp, Wichita, Kan., for debtor.

Alan F. Alderson, Topeka, Kan., for Kansas Dept. of Revenue.

STATEMENT OF THE CASE

ROBERT B. MORTON, Chief Judge.

Defendant/debtor Kenneth G. Edmiston (Edmiston), as a motor vehicle fuel distributor, furnished a bond to the State of Kansas to ensure his payment of motor fuel taxes and compliance with other statutory requirements. Western Surety Company (Western Surety) executed the bond as surety. Upon Edmiston's failure to pay his fuel tax liabilities, Western Surety satisfied...

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