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OWEN v. MUTUAL BENEFIT HEALTH & ACC. ASS'N

No. 37,289

168 Kan. 10 (1949)

210 P.2d 232

CLARENCE OWEN, Appellee, v. MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, Appellant.

Supreme Court of Kansas.

Opinion on rehearing filed October 8, 1949.

Attorney(s) appearing for the Case

LaRue Royce, of Salina, argued the cause, and B.I. Litowich, E.S. Hampton, H.H. Dunham, Jr.; John Q. Royce, and H.G. Engleman, all of Salina, were with him on the briefs for the appellant.

Jerry E. Driscoll, of Russell, argued the cause, and John J. McCurdy, of Lincoln, was with him on the briefs for the appellee.

George Siefkin and John F. Eberhardt, both of Wichita, filed brief amici curiae.

OPINION ON REHEARING

The opinion of the court was delivered by

HARVEY, C.J.:

Following our former opinion, counsel for appellant filed a motion for rehearing, which was granted, and the case was set for our July session. It was reargued by counsel, who filed additional briefs, and a brief was filed amici curiae. The court has reconsidered the questions orginally argued and those argued on the rehearing, and has also considered the briefs,...

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