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GROHUSKY v. ATLAS ASSURANCE CO.

No. 43,961

194 Kan. 460 (1965)

399 P.2d 797

MARY H. GROHUSKY, Appellant, v. ATLAS ASSURANCE COMPANY, LTD., Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

J.W. Mahoney, of Kansas City, argued the cause and was on the brief for the appellant.

Everett Fritz, of Kansas City, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

This appeal is from an order striking a second amended petition from the files.

On November 27, 1961, plaintiff, Mary H. Grohusky, filed her petition. Briefly summarized, it alleged the following:

Plaintiff and her husband suffered a loss to their home by fire. Defendant insurance company was the insurer thereof. In settlement of the loss defendant delivered its check, dated November 6, 1961...

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