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BOBO v. MUTUAL OF OMAHA MUT. BENEFIT HEALTH & ACCIDENT

No. 43,753

193 Kan. 465 (1964)

395 P.2d 317

GEORGE D. BOBO and BETTY J. BOBO, Appellants, v. MUTUAL OF OMAHA MUTUAL BENEFIT HEALTH AND ACCIDENT ASSN., a/k/a MUTUAL OF OMAHA INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1964.

Attorney(s) appearing for the Case

Richard v. Foote, of Wichita, argued the cause, and Robert R. Arnold, of Wichita, was with him on the briefs for appellants.

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

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover benefits under a policy of hospitalization insurance issued by the defendant. The appeal is from an order of the district court overruling the plaintiffs' "Demurrer and Motion to Strike" paragraphs Fourth and Fifth from the defendant's answer.

Summarized, the plaintiffs' amended petition alleged that they were residents of Sedgwick County, Kansas; that on June 13, 1962...

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