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BOETTCHER v. CRISCIONE

Nos. 40,125, 40,126

180 Kan. 484 (1957)

305 P.2d 1055

EVELYN MERTZ BOETTCHER; EDWARD L. MERTZ; BETTY CLARK GRANDI; JEWELL CLARK LEWIS; BARBARA CLARK THOMAS; CAROLYN CLARK FARGO, Plaintiffs, v. CATHERINE W. CRISCIONE, Appellant; MAX WYMAN, Appellee; GEORGE J. LITTLE and HELEN H. LITTLE, Intervenors. MAX WYMAN, Appellee, v. CATHERINE W. CRISCIONE, Appellant.

Supreme Court of Kansas.

Opinion on rehearing filed January 12, 1957.

Attorney(s) appearing for the Case

Ora D. McClellan, of Wichita, argued the cause, and Gerald L. Michaud, Harry E. Robbins, Jr., Carol V. Creitz, and John B. Wooley, all of Wichita, were with him on the briefs for the appellant.

Don Wyman and Roy C. Davis, both of Hutchinson, argued the cause and were on the briefs for the appellee.

Walter F. Jones, J. Richards Hunter, Harry H. Dunn, and William B. Swearer, all of Hutchinson, and Wendell L. Garlinghouse, of Topeka, were on the briefs amici curiae.

OPINION ON REHEARING

The opinion of the court was delivered by

ROBB, J.:

This opinion is on rehearing in the above cases which were previously consolidated for review in this court. The opinion reversing the trial court's order sustaining a motion to strike certain portions of appellant's amended answers was filed on June 30, 1956. (Boettcher v. Criscione, 180 Kan. 39

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