FIDELITY STATE BANK OF GARDEN CITY, KANSAS, as Conservator of the Estates of Darin J. Martin and Brett A. Martin; and Michele I. Martin, personally and as Administrator of the Estate of Eric Martin, deceased, Plaintiffs,
v.
MCNEILUS TRUCK AND MANUFACTURING, INC., a Minnesota corporation, Defendant.
United States District Court, D. Kansas.https://leagle.com/images/logo.png
June 29, 1998.
June 29, 1998.
Attorney(s) appearing for the Case
Geary N. Gorup, Albert L. Kamas, Johnie C. Frank, Render Kamas, L.C., Wichita, KS, for Fidelity State Bank, Garden City, Kansas.
Mikel L. Stout, Trisha A. Thelen, Foulston & Siefkin L.L.P., Wichita, KS, Eldon L. Boisseau, David W. Steed, Turner & Boisseau, Chartered, Wichita, KS, William H. Ise, McNeilus Truck and Manufacturing, Inc., Dodge Center, MN, Gerald S. Duffy, William Christopher Penwell, Siegel, Brill, Greupner & Duffy, P.A., Minneapolis, MN, for McNeilus Truck & Manufacturing, Inc.
Donald W. Bostwick, Adams, Jones, Robinson & Malone, Wichita, KS, for Kershaw Ready-Mix Concrete and Sand Co., Inc.
Todd N. Thompson, Lawrence, KS, for Farm Bureau Mut. Ins. Co., Inc.
Jordan E. Clay, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for American Family Mut. Ins. Co.
United States District Court, D. Kansas.
MEMORANDUM ORDER
MARTEN, District Judge.
The parties have settled the underlying claims in this litigation and the only remaining issue is the extent of American Family Mutual Insurance Company's lien on the plaintiffs' recovery.
On April 2, 1998, American Family filed a motion to intervene in this case. The court granted the motion at an April 3, 1998 hearing. American Family had paid $20,000...
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