Loving v. Federal Land Bank of Wichita

The opinion of the court was delivered by

Holmes, J.:

Everett E. Loving, individually and as the personal representative of Annette May Loving, deceased, appeals from an order of the district court dismissing his action against the Federal Land Bank of Wichita (F.L.B. or Bank) for failure to state a claim upon which relief could be granted. The district court found the action barred by the failure of the plaintiff to assert his claim in a prior action between the same parties. K.S.A. 1987 Supp. 60-213(a). We affirm.

The facts, although complicated, are not seriously in dispute. At the outset we…