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UNITED STATES FIDELITY & GUAR. CO. v. MARYLAND CAS. CO.

No. 41,800

186 Kan. 637 (1960)

352 P.2d 70

UNITED STATES FIDELITY & GUARANTY COMPANY, a Corporation, Appellant and Cross Appellee, v. MARYLAND CASUALTY COMPANY, a Corporation, Appellee and Cross Appellant.

Supreme Court of Kansas.

Opinion filed May 14, 1960.

Attorney(s) appearing for the Case

James K. Cubbison, of Kansas City, argued the cause, and Blake A. Williamson, Lee Vaughan, Donald A. Hardy and A.C. Cooke, all of Kansas City, were with him on the brief for the appellant.

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

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by the insurance carrier of the Griffin Construction Company, covered by the workmen's compensation act, against the insurance carrier of Wea Constructors, also covered by the workmen's compensation act, seeking to shift liability for the payment of workmen's compensation awards. The action is the outgrowth of this court's decision in Attebery v. Griffin Construction Co.,

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