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FARMERS UNION COOP. ELEVATOR v. GRAIN DEALERS MUT. INS.

No. 43,872

194 Kan. 181 (1965)

398 P.2d 571

THE FARMERS UNION COOPERATIVE ELEVATOR AND SHIPPING ASSOCIATION, Kirwin, Kansas, Appellee, v. GRAIN DEALERS MUTUAL INSURANCE COMPANY, Indianapolis, Indiana, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

Attorney(s) appearing for the Case

J.L. Weigand, Jr., of Wichita, argued the cause, and Lawrence Weigand, Lawrence E. Curfman, Byron Brainerd, Charles W. Harris, Orval J. Kaufman, J. Ruse McCarthy, Donald A. Bell, Spencer L. Depew, Paul M. Buchanan and Charles R. Moberly, all of Wichita, were with him on the briefs for the appellant.

Keith G. Sebelius, of Norton, argued the cause, and William H. Stowell and Doris Dixon Stowell, both of Phillipsburg, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order denying defendant's motion to dismiss an action, or in the alternative to stay its prosecution, because of a prior pending action in the United States District Court for the District of Kansas, involving the same parties and the same controversy.

The procedural facts may be briefly stated.

On or about February 6, 1959, the defendant, Grain Dealers Mutual...

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