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Clark v. Associates Commercial Corp.

United States District Court for the District of Kansas
149 F.R.D. 629 (D. Kan. 1993)


Facts

Clark (plaintiff) brought suit against Associates Commercial Corp. (Associates) (defendant) for damages resulting from the repossession by force of a tractor that Clark had put down for collateral for a loan from Associates. An Associates employee and two others that the employee had hired (third-party defendants) had done the repossession. Associates filed a third-party complaint seeking indemnification from the third-party defendants. The third-party defendants filed a motion to dismiss the third-party complaint and Clark moved to strike the third-party complaint.

Rule of Law

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Issue

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Holding and Reasoning (Belot, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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