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STREEBIN v. CAPITOL TRUCK LINES

No. 40,765

182 Kan. 527 (1958)

322 P.2d 776

LELA STREEBIN, Appellant, v. CAPITOL TRUCK LINES, INC., A CORPORATION, and THE STATE AUTOMOBILE INSURANCE ASSOCIATION, an Insurance Corporation, and ROBERT LEE ARMSTRONG, Appellees.

Supreme Court of Kansas.

Opinion filed March 8, 1958.

Attorney(s) appearing for the Case

Richard C. Byrd, of Ottawa, argued the cause, and Robert A. Anderson, of Ottawa, Arthur J. Stanley, Jr., Lee E. Weeks, Leonard O. Thomas, J.D. Lysaught, Robert H. Bingham, Richard Millsap, and Ervin G. Johnston, all of Kansas City, were with him on the briefs for the appellant.

Willard L. Phillips, of Kansas City, argued the cause, and Thomas M. Van Cleave, P.B. McAnany, Thomas M. Van Cleave, Jr., and James J. Lysaught, all of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

In this case the trial court sustained a motion to strike an insurance policy, which had been attached to and made a part of such pleading, from the plaintiff's petition. The appeal is from that ruling.

The facts giving rise to this lawsuit and others essential to a proper disposition of the question raised on appeal are set forth in the following quoted and summarized allegations of the petition...

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