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BITUMINOUS CASUALTY CORP. v. AMERICAN FIRE & CASUALTY

No. 43,336

192 Kan. 233 (1963)

387 P.2d 159

BITUMINOUS CASUALTY CORPORATION, Appellee, v. AMERICAN FIRE AND CASUALTY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

Herbert H. Hopper, of Wichita, argued the cause and was on the brief for the appellant.

Richard C. Hite, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson, H.W. Fanning and Darrell D. Kellogg, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action for contribution by one workmen's compensation insurance carrier against another for an award made by the commissioner (now director). The trial court overruled a demurrer lodged against the petition, and the defendant has duly perfected an appeal.

The only question presented is whether the petition states facts sufficient to constitute a cause of action under the theory of...

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