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McCLELLAN v. BLASDEL

No. 43,721

193 Kan. 410 (1964)

393 P.2d 1012

CLESTER O. McCLELLAN, Appellee, v. W.E. BLASDEL, RAYMOND W. FORISTER, and TRI-STATE INSURANCE COMPANY OF TULSA, OKLAHOMA, Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1964.

Attorney(s) appearing for the Case

I.H. Stearns and Robert C. Foulston, both of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, and Mikel L. Stout, all of Wichita, were with them on the briefs for the appellants.

John C. Frank, of Wichita, argued the cause, and Patrick F. Kelly and James P. Johnston, both of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's judgments and orders in a personal injury action for damages whereby both the demurrer of Tri-State Insurance Company to plaintiff's evidence and the renewal of such demurrer were overruled, as was also the motion for directed verdict at the close of all the evidence, motion for new trial on May 29, 1963, alternative motion...

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