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McKINLEY-WINTER LIVESTOCK COMMISSION COMPANY v. FLETCHER

No. 41,512

187 Kan. 1 (1960)

354 P.2d 325

McKINLEY-WINTER LIVESTOCK COMMISSION COMPANY, a corporation, Appellee, v. JOE FLETCHER, Appellant.

Supreme Court of Kansas.

Opinion filed July 14, 1960.

Attorney(s) appearing for the Case

John A. Etling, of Kinsley, argued the cause, and W.N. Beezley, of Kinsley, was with him on the briefs for the appellant.

James A. Williams, of Dodge City, argued the cause, and C. W. Hughes and Byron G. Larson, both of Dodge City, were with him on the briefs for the appellee.

OPINION ON REHEARING

The opinion of the court was delivered by

FATZER, J.:

In our original opinion we held the district court erred in setting aside special question No. 2 and the jury's answer thereto and reversed the judgment entered upon the general verdict in favor of the plaintiff, and ordered that the defendant be granted a new trial. The defendant filed a petition for rehearing and the cause was reargued upon the sole question whether this court...

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