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CAGLE LIMESTONE CO. v. KANSAS POWER & LIGHT CO.

No. 42,936

190 Kan. 544 (1962)

376 P.2d 809

CAGLE LIMESTONE COMPANY, Appellant, v. THE KANSAS POWER AND LIGHT COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1962.

Attorney(s) appearing for the Case

Frank C. Sabatini, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., E. Gene McKinney, William G. Haynes, and Roscoe E. Long, all of Topeka, were with him on the briefs for the appellant.

O.R. Stites, Jr., of Topeka, argued the cause, and Harry W. Colmery, Robert E. Russell, Lawrence D. Munns, Howard H. Becker, Martin F. Trued, and Floyd F. Shields, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by plaintiff below from the judgment and orders of the trial court entered on October 25, 1961, sustaining defendant's demurrer to count one of plaintiff's first amended petition (hereafter referred to as the petition), refusing to give plaintiff's requested instructions, giving improper instructions, permitting defendant to amend its answer, entering...

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