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FLOUR MILLS OF AMERICA v. BURRUS MILLS

No. 38,982

174 Kan. 709 (1953)

258 P.2d 341

FLOUR MILLS OF AMERICA, INC., a Corporation, Appellant, v. BURRUS MILLS, INCORPORATED, a Corporation, Appellee; JEAN WOODS, Appellant; WOLCOTT & LINCOLN, INC., a Corporation, Appellee; and BATES GRAIN COMPANY, INC., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

Edgar Shook and E.P. Mitchell, both of Kansas City, Mo., argued the cause, and John E. Blake, of Kansas City, was with them on the briefs for the appellant, Flour Mills of America, Inc., a corporation.

Dick H. Woods, of Kansas City, Mo., argued the cause, and J. E. Schroeder, of Kansas City, was with him on the briefs for the appellee, Burrus Mills, Incorporated, a corporation.

The opinion of the court was delivered by

PRICE, J.:

This was an action brought by Flour Mills of America, Inc., a corporation, for a declaratory judgment to determine who should bear the loss for a large amount of grain which was damaged as a result of the Great Flood of 1951 in the valley of the Kansas (Kaw) River. From a judgment adverse to its contentions plaintiff has appealed.

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