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CHARLTON v. HANSEN

No. 43,214

191 Kan. 634 (1963)

383 P.2d 949

RICHARD D. CHARLTON, SR., Appellant, v. D.G. HANSEN, (Defendant), COOPERATIVE REFINERY ASSOCIATION and CONSUMERS COOPERATIVE ASSOCIATION, Appellees.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

George P. Nellans, of Norton, argued the cause, and Max W. Foust and Marshall W. Lyons, of Kansas City, Missouri, were with him on the briefs for appellant.

William H. Stowell, of Phillipsburg, argued the cause, and Doris Dixon Stowell, of Phillipsburg, was with him on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from an order overruling a motion to set aside a previous order quashing service upon the appellees after the district court permitted the clerk of the court and the sheriff to amend the issuance date and the returns on the summonses.

On August 7, 1961, the appellant, Richard D. Charlton, Sr., commenced this tort action against D.G. Hansen, Cooperative Refinery Association, and...

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