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RINE DRILLING CO. v. POPP

No. 41,013

184 Kan. 13 (1959)

334 P.2d 426

THE R.W. RINE DRILLING COMPANY, a Corporation, Appellee, v. HENRY POPP, d/b/a HENRY POPP SALVAGE YARD, Appellant, DONALD E. WARE and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1959.

Attorney(s) appearing for the Case

Tudor W. Hampton, of Great Bend, argued the cause, and Jerry M. Ward and J.W. Hannah, both of Great Bend, were with him on the briefs for the appellant.

Boyce P. Hardman, of Great Bend, argued the cause, and Herbert Diets, of Great Bend, was with him on the briefs for Donald E. Ware, appellee.

A.W. Hershberger, J.B. Patterson, Richard Jones, and Wm. P. Thompson, all of Wichita, R.C. Russell, Isabel Obee, and Don C. Foss, all of Great Bend, were on the briefs for the R.W. Rine Drilling Company and United States Fidelity and Guaranty Company, appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order and judgment of the district court of Barton County, striking from its files a pleading designated by defendant as his third amended counterclaim and petition.

At the outset it should be stated a detailed historical review of the facts, events and proceedings, on which the propriety of the order and judgment complained of must stand or fall, is necessary and required...

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