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BILLUPS v. AMERICAN SURETY CO.

No. 38,746

173 Kan. 646 (1952)

251 P.2d 237

C.J. BILLUPS and E. VON LEHE, a copartnership, doing business as the B Truck Lines, Appellants and Cross-Appellees, v. AMERICAN SURETY COMPANY, a corporation; JOHN ELSESSER, and THE HENSEL TRANSFER & WAREHOUSE COMPANY, a corporation, of Sheboygan, Wisconsin, et al., Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed December 6, 1952.

Attorney(s) appearing for the Case

Harold Doherty, of Topeka, argued the cause, and G. Clay Baker, Roy N. McCue and Howard F. McCue, all of Topeka, were with him on the briefs for the appellants and cross-appellees.

Ralph W. Oman, of Topeka, argued the cause, and Robert Stone, James A. McClure, Robert L. Webb, Robert A. McClure and James D. Waugh, all of Topeka, were with him on the briefs for the appellees and cross-appellants.

The opinion of the court was delivered by

THIELE, J.:

This action was one for damages arising from a collision of three trucks.

This is the second appearance of the case in this court. A previous appeal, involving rulings on motions directed against the petition and its sufficiency to state a cause of action, was determined in Billups v. American Surety Co., 170 Kan. 666, 228 P.2d 731

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