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McDANIEL v. MESSERSCHMIDT

No. 43,062

191 Kan. 461 (1963)

382 P.2d 304

FORREST D. McDANIEL, Appellee, v. ARNOLD MESSERSCHMIDT (Defendant) and ELMER SPAIN, Appellant.

Supreme Court of Kansas.

Opinion filed June 8, 1963.

Attorney(s) appearing for the Case

Paul R. Wunsch, of Kingman, argued the cause, and Charles H. Stewart and Robert S. Wunsch, both of Kingman, were with him on the briefs for the appellant.

Theodore C. Geisert, of Kingman, argued the cause, and Starr Calvert, Jr., of Denver, Colorado, was with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's order sustaining plaintiff's motion to strike certain portions of defendant Spain's answer which stricken portions, Spain contends, constitute a material defense to the allegations of plaintiff's petition and are, therefore, necessary to his presentation of a full and complete defense to plaintiff's purported cause of action...

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