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JOPLIN CEMENT CO v. WHITE-LAYTON MECHANICAL CONTRACTORS

Nos. 41,905, 41,906

187 Kan. 268 (1960)

356 P.2d 820

JOPLIN CEMENT COMPANY, a Corporation, Appellee, v. WHITE-LAYTON MECHANICAL CONTRACTORS, INC., a Corporation, and the TRINITY UNIVERSAL INSURANCE COMPANY, a Corporation, Appellants. JOHNSON SERVICE COMPANY, a Corporation, Appellee, v. WHITE-LAYTON MECHANICAL CONTRACTORS, INC., a Corporation; and the TRINITY UNIVERSAL INSURANCE COMPANY, a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause, and Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Robert T. Cornwell, and Willard B. Thompson, all of Wichita, were with him on the briefs for the appellants. Hugo T. Wedell and Homer V. Gooing, of counsel.

Charles S. Arthur, Richard D. Rogers, and John F. Stites, all of Manhattan, argued the cause, and Charles D. Green, of Manhattan, was with them on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

On March 18, 1960, the parties filed motions to consolidate these two appeals and on March 25, 1960, the court ordered the motions allowed provided the parties stipulated in writing that the decision in one case would control the decision in the other. On April 8, 1960, such stipulation was filed and on April 13, 1960, the court approved the stipulation and ordered...

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