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THOMPSON TRANSPORT CO. v. MIDDLESTATES CONSTRUCTION CO.

Nos. 43,822 and 43,860

194 Kan. 52 (1964)

397 P.2d 368

THOMPSON TRANSPORT COMPANY, INC., a Kansas Corporation, Appellant, v. MIDDLESTATES CONSTRUCTION COMPANY, a Nebraska Corporation, (Defendant) and TRINITY UNIVERSAL INSURANCE CO., a Texas Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Patrick L. Connolly, of Topeka, argued the cause, and Milford M. Magee, also of Topeka, was with him on the brief for the appellant.

Robert T. Cornwell, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Willard B. Thompson and David W. Buxton, all of Wichita, were with him on the brief for the appellee. Hugo T. Wedell and Homer V. Gooing, both of Wichita, of counsel.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by Thompson Transport Company, Inc. (appellant) to recover freight charges for transporting bituminous base (road mix) materials for Middlestates Construction Company. Middlestates had a road construction contract with the State Highway Commission of Kansas. The appellant sued Middlestates and also Trinity Universal Insurance Company (appellee), claiming such transportation charges...

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