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RIDDLE QUARRIES, INC. v. THOMPSON

No. 39,533

177 Kan. 307 (1955)

279 P.2d 266

RIDDLE QUARRIES, INC., a Corporation, Appellee, v. GUY A. THOMPSON, Trustee, MISSOURI PACIFIC RAILROAD COMPANY, Debtor, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1955.

Attorney(s) appearing for the Case

Ralph M. Hope, of Wichita, argued the cause, and John H. Lehman, of Abilene, W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, and Charles S. Lindberg, all of Wichita, were with him on the briefs for the appellant.

David W. Wheeler, of Marion, argued the cause, and Edwin G. Westerhaus, of Marion, and Harold Bolton, of Abilene, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to recover damages for the alleged conversion by defendant of agricultural limestone placed on defendant's right of way by plaintiff under a storage license. A trial by jury was waived. The court overruled defendant's demurrer to plaintiff's evidence and later made conclusions of fact and of law. Defendant moved to set aside some of the conclusions, and parts of others. These were overruled...

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