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BRACK v. KLEWENO

Nos. 37,890, 37,934, 37,937

169 Kan. 569 (1950)

220 P.2d 125

FRED BRACK, Appellant, v. WALTER KLEWENO, et al., Appellees. ELMAN BRACK, Appellant, v. WALTER KLEWENO, et al., Appellees. FRED BRACK, Appellant, v. WALTER KLEWENO, et al., Appellees.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

Hal C. Davis, of Topeka, argued the cause, and W. Kenneth Wilke, of Topeka, and Neil Hotchkiss, of La Crosse, were with him on the briefs for the appellant.

William S. Norris, of Salina, argued the cause, and F.C. Norton and H.L. Smither, also of Salina, were with him on the briefs for appellee Walter Kleweno.

The opinion of the court was delivered by

WERTZ, J.:

The three consolidated appeals herein involve only Fred Brack, plaintiff-appellant, Walter Kleweno, defendant-appellee, and Elman Brack, intervenor-appellant. Appeal No. 37,890 was taken by plaintiff Fred Brack as to defendant Kleweno from the judgment of the trial court and from its order overruling and setting aside an order granting plaintiff a new trial. Appeal No. 37,937 was taken by plaintiff as to...

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