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McADAM v. WESTERN CASUALTY & SURETY CO.

No. 41,754

186 Kan. 505 (1960)

351 P.2d 202

JOHN S. McADAM and BILLY D. McADAM, A Copartnership, d/b/a McAdam Construction Company, Appellees, v. THE WESTERN CASUALTY AND SURETY COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

J.D. Conderman, of Iola, argued the cause and was on the briefs for the appellant.

Frederick G. Apt, Jr., of Iola, argued the cause, and Howard M. Immel and Charles H. Apt, both of Iola, were with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

John S. and Billy D. McAdam, doing business as the McAdam Construction Company, plaintiffs (appellees), brought this action against The Western Casualty and Surety Company, Inc., defendant (appellant), under the declaratory judgment act (G.S. 1949, 60-3127, et seq.), for the purpose of obtaining a judicial construction of a contract of insurance to determine the rights and obligations of the parties...

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