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CARR v. DIAMOND

No. 43,353

192 Kan. 377 (1964)

388 P.2d 591

TERRANCE CARR d/b/a CARR AIR CONDITIONING, Appellee, v. GRACE DIAMOND, Defendant, and R.H. MACY & CO., INC., "INNES," a corporation (Additional Party Defendant), Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1964.

Attorney(s) appearing for the Case

Harold A. Zelinkoff, of Wichita, appeared on the briefs for the appellant.

Robert W. Kaplan and Calvin L. McMillan, both of Wichita, appeared on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is a continuation of the controversy involved in Carr v. Diamond, 192 Kan. 336, 388 P.2d 589. Defendant, R.H. Macy & Co., Inc., "Innes," appeals from a judgment dismissing the action with prejudice while its appeal from a judgment overruling its demurrer to the petition and other procedural matters were pending.

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