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JOHNSON v. ALLEN

Nos. 39,802, 39,813

178 Kan. 348 (1955)

285 P.2d 764

HARRY H. JOHNSON and ALICE JOHNSON, his wife, Appellants, v. ROBERT M. ALLEN and FLAG OIL CORPORATION OF DELAWARE, a corporation, Appellees. HARRY H. JOHNSON and ALICE JOHNSON, his wife, Appellees, v. FLAG OIL CORPORATION OF DELAWARE, a corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Russell, argued the cause, and George W. Holland and A.K. Shearer, both of Russell, were with him on the briefs for the appellants.

William Wagner, of WaKeeney, argued the cause, and Edward Howell and Thomas C. Smith, Jr., both of Oklahoma City, Okla., and Ernest J. Deines, of WaKeeney, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is a consolidated appeal. The appellants Johnson appeal from an order of the trial court sustaining appellee's motion to strike a part of appellants' amended reply and the appellee (Flag Corporation) appeals from the same order overruling the balance of appellee's motion to strike the remaining parts of appellants' amended reply.

The action was originally...

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