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GREAT LAKES PIPE LINE CO. v. WETSCHENSKY

No. 44,048

193 Kan. 706 (1964)

396 P.2d 295

GREAT LAKES PIPE LINE COMPANY, a Corporation, Appellee, v. ANDREW G. WETSCHENSKY and WILMA M. WETSCHENSKY, Appellants.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

Donald E. Martin, of Kansas City, argued the cause, and Robert D. Loughbom, of Kansas City, was with him on the briefs for the appellants.

Leonard O. Thomas, of Kansas City, argued the cause, and Lee E. Weeks, J.D. Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston and Roger D. Stanton, all of Kansas City, and Leon B. Seck and William C. Nulton, both of Kansas City, Missouri, were with him on the brief for the appellee.

Wilbur G. Leonard, of Topeka, attorney for Kansas Telephone Association, and William C. Sullivan and Jack C. Lorenz, both of Topeka, attorneys for Southwestern Bell Telephone Company, filed a brief amici curiae.

Winton A. Winter, of Ottawa, and Irvin Fane and Howard F. Sachs, both of Kansas City, Missouri, attorneys for Kansas City Power & Light Company, filed a brief amicus curiae.

The opinion of the court was delivered by

FONTRON, J.:

This action grows out of a controversy over the construction and application of Section 60-502 of the Kansas Code of Civil Procedure (Laws 1963, ch. 303). The pleadings, which are framed with a view of bringing the action within the provisions of Sections 60-257 and 60-1701, Kansas Code of Civil Procedure, disclose that an actual controversy exists between the plaintiff, Great Lakes Pipe Line Company,...

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