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ELLSAESSER v. MID-CONTINENT CASUALTY CO.

No. 44,110

195 Kan. 117 (1965)

403 P.2d 185

R.W. ELLSAESSER, Appellant, v. MID-CONTINENT CASUALTY COMPANY, INC., AMY DISTRIBUTING COMPANY and J.E. ARNOLD, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Thomas E. Brown, of Hill City, argued the cause, and W.H. Clark, Marion W. Chipman and Kenneth Clark, all of Hill City, were with him on the brief for the appellant.

Paul B. Watson, of Jetmore, argued the cause, and was on the brief for the appellees, Mid-Continent Casualty Company, Inc., and J.E. Arnold.

Tom Smyth, of Ness City, was shown on the record as attorney for the appellee, Amy Distributing Company.

The opinion of the court was delivered by

FONTRON, J.:

This action was brought by the plaintiff, R.W. Ellsaesser, to recover damages resulting to his automobile from the alleged negligence of defendant, J.E. Arnold. Joined as defendants with Arnold were his employer, Amy Distributing Company, and Amy's Insurance carrier, Mid-Continent Casualty Company, Inc.

An answer was filed by Amy alleging, among other matters, that plaintiff was not the real party...

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