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MASEK DISTRIBUTING v. FIRST STATE BANK & TRUST CO.

Nos. 94-2393-JWL, 94-2356-JWL.

908 F.Supp. 856 (1995)

MASEK DISTRIBUTING, INC., Plaintiff, v. FIRST STATE BANK & TRUST COMPANY, Defendant and third party plaintiff, v. E-Z PAY USED CARS, INC. d/b/a Northtown Truck & Auto and Paul Colyer, Third party defendants.

United States District Court, D. Kansas.

November 9, 1995.

Attorney(s) appearing for the Case

Christine Y. Martin, Spencer, Fane, Britt & Browne, Kansas City, MO, Brian F. Stayton, Spencer, Fane, Britt & Browne, Overland Park, KS, James M. Worden, Professional & Business Center, Scottsbluff, NE, for Masek Distributing Inc.

Robert J. Fleming, Craig R. Richey, Wilbert & Towner, P.A., Pittsburg, KS, for First State Bank & Trust Company.

Richard D. Loffswold, Jr., Richard D. Loffswold, Jr., P.A., Girard, KS, for E-Z Pay Used Cars Inc., Paul Colyer.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Masek Distributing, Inc. (Masek) brings this action to enforce a letter of credit it alleges E-Z Pay Used Cars, Inc. (Northtown) requested and First State Bank & Trust Company (First State) issued. The following motions are presently before the court: Masek's motion to amend the pre-trial order (Doc. # 49); Masek's motion for summary judgment (Doc. #25...

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