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MUCK, ADMINISTRATRIX v. CLAFLIN

No. 44,652

197 Kan. 594 (1966)

419 P.2d 1017

JUDITH MUCK, Administratrix of the Estate of Arthur Muck, Deceased, Plaintiff, v. O.Q. CLAFLIN, III, Judge 29th Judicial District, First Division, Defendant.

Supreme Court of Kansas.

Opinion filed November 5, 1966.

Attorney(s) appearing for the Case

Leonard O. Thomas, of Kansas City, argued the cause, and Lee E. Weeks, J.D. Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston, Miles D. Mustain and Roger D. Stanton, all of Kansas City, were with him on the briefs for the plaintiff.

Bill E. Fabian, of Kansas City, argued the cause, and Leo Moroney, County Attorney, was with him on the briefs for the defendant.

A brief of amicus curiae was filed by the American Insurance Association, American Mutual Insurance Alliance and National Association of Independent Insurers for the plaintiff.

A brief of amicus curiae was filed by the Kansas Trial Lawyers Association for the defendant.

The opinion of the court was delivered by

HATCHER, C.:

This is an original proceeding in mandamus brought for the purpose of compelling the district judge to set aside his order directing the plaintiff to answer certain interrogatories as to liability insurance in an automobile accident case.

The facts are not in dispute.

An action was brought by a father and mother for injuries to themselves and for...

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