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FARM BUREAU MUTUAL INS. CO. v. BARNETT

No. 42,559

189 Kan. 385 (1962)

369 P.2d 350

FARM BUREAU MUTUAL INSURANCE COMPANY, INCORPORATED, Appellant, v. J.R. BARNETT, MINNIE BARNETT, ARTHUR E. KOHLS, and KATHRYN KOHLS, Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1962.

Attorney(s) appearing for the Case

Gerald Sawatzky, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Donald L. Cordes, and Robert L. Howard, all of Wichita, were with him on the briefs for the appellant.

Patrick F. Kelly, of Wichita, argued the cause, and John C. Frank and Eli Eubanks, both of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal in a declaratory judgment action wherein the trial court held in favor of the defendants and against the plaintiff.

Plaintiff is the liability insurance company with which defendant J.R. Barnett had a policy of automobile insurance. Defendants Arthur E. Kohls and Kathryn Kohls filed separate damage actions against Minnie Barnett arising out of a set of facts involving an automobile...

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