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MISSOURI-KANSAS-TEXAS RLD. CO. v. STANDARD INDUSTRIES

No. 43,394

192 Kan. 381 (1964)

388 P.2d 632

MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellant, v. STANDARD INDUSTRIES, INC., a Delaware Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1964.

Attorney(s) appearing for the Case

John B. Markham and Elmer W. Columbia, both of Parsons, argued the cause, and Herman W. Smith, Jr., of Parsons, and Lloyd Jones, of Denison, Texas, were with them on the briefs for the appellant.

Jack L. Goodrich, of Parsons, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from a judgment sustaining a demurrer to the first amended petition, hereinafter referred to as the petition, which sought to recover demurrage charges for delay in unloading freight cars. The issue presented for determination is the specific nature of the action, which will determine the particular provision of the statute of limitations governing the time in which the action must be...

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