THOMPSON TRANSPORT CO. v. MIDDLESTATES CONSTRUCTION CO.

Nos. 43,822 and 43,860

195 Kan. 172 (1965)

403 P.2d 999

THOMPSON TRANSPORT COMPANY, INC., a Kansas Corporation, Appellant, v. MIDDLESTATES CONSTRUCTION COMPANY, a Nebraska Corporation (Defendant), and TRINITY UNIVERSAL INSURANCE CO., a Texas Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1965.


Attorney(s) appearing for the Case

Patrick L. Connolly and Milford M. Magee, both of Topeka, for the appellant.

Robert T. Cornwell, Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Robert J. Hill, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Willard B. Thompson and David W. Buxton, all of Wichita, for the appellee. Hugo T. Wedell and Homer V. Gooing, both of Wichita, of counsel.


OPINION ADHERING TO FORMER DECISION

The opinion of the court was delivered by

SCHROEDER, J.:

The appellee in this action filed a motion for rehearing, limited to the allowance of attorneys' fees. We granted a rehearing and after hearing oral argument and considering the briefs filed by counsel for the respective parties, we find nothing which warrants a reconsideration of the case and adhere to the former decision and opinion.

The appellee...

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