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MIDLAND NAT. BANK v. CONLOGUE

No. 83-1707-K.

720 F.Supp. 878 (1989)

MIDLAND NATIONAL BANK, Plaintiff, v. Walter R. CONLOGUE, and American Aircraft, Inc., Intervening Plaintiffs, v. PURITAN INSURANCE COMPANY, Defendant and Third Party Plaintiff, v. UNITED STATES of America, Third Party Defendant.

United States District Court, D. Kansas.

August 4, 1989.

Attorney(s) appearing for the Case

David C. Burns, Newton, Kan., for plaintiff.

F.C. McMaster, McMaster & McMaster, Wichita, Kan., Priscilla Budeiri, Trial Lawyers for Public Justice, Washington, D.C., and Ted M. Warshafsky, Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, Milwaukee, Wis., and Andrew Hutton, Michaud & Hutton, Wichita, Kan., Gene E. Schroer, Schroer, Rice, P.A., Topeka, Kan., for intervening plaintiffs.

James J. McGannon, Regan & McGannon, Wichita, Kan., for defendant and third party plaintiff.

Stephen K. Lester, Asst. U.S. Atty., Wichita, Kan., for third party defendant.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

The factual background of the case has been discussed on two previous occasions by this court. Midland National Bank v. Conlogue, No. 83-1707-K (D. Kan. Mar. 22, 1989) (1989 WL 31439), and slip op. (D. Kan. July 29, 1986). The relevant facts may be briefly recounted here.

The intervening plaintiff, American Aircraft, Inc., was the owner of a Beechcraft King Air 90 airplane. Conlogue was...

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