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LAMBERT v. ST. PAUL FIRE & MARINE INS. CO.

No. 39,463

176 Kan. 642 (1954)

272 P.2d 1110

ORA LAMBERT, Appellee, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 6, 1954.

Attorney(s) appearing for the Case

Robert J. Hill, of Wichita, argued the cause and Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, and Theodore C. Geisert all of Wichita, were with him on the briefs for the appellant.

Richard Barrett, of Pratt, argued the cause, and George Barrett, of Pratt, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action on an insurance policy to recover for the loss of wheat destroyed by fire while binned on plaintiff's farm.

The action was filed December 17, 1952. The cause was submitted with consent of the court on the pleadings and stipulations. Appellant's answer admitted the first ten paragraphs of the petition. Parts of those paragraphs are contained in the stipulations. In order to avoid...

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