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McCLELLAND v. MICHIGAN SURETY CO.

No. 43,055

190 Kan. 761 (1963)

378 P.2d 72

C.N. McCLELLAND, d/b/a PITTSBURG TANK & TOWER COMPANY, Appellant, v. MICHIGAN SURETY COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

Rollie P. Emmitt, Jr., of Pittsburg, argued the cause and Pete Farabi, of Pittsburg, was with him on the briefs for the appellant.

No appearance by appellee.

The opinion of the court was delivered by

JACKSON, J.:

This is an appeal from the granting of a motion to quash service of summons upon the appellee which was made under G.S. 1949, 40-218, by sending a summons together with the accompanying papers to the commissioner of insurance who made service on the appellee company by sending the summons and pleadings to the home office in Michigan. The commissioner has shown by affidavit that the appellee voluntarily...

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