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RUSSELL v. COMMUNITY HOSPITAL ASSOCIATION, INC.

No. 44,786

199 Kan. 251 (1967)

428 P.2d 783

JOHN M. RUSSELL, Appellee, v. COMMUNITY HOSPITAL ASSOCIATION, INC. and THE NUNS OF THE THIRD ORDER OF ST. DOMINIC, a Corporation, d/b/a CENTRAL KANSAS MEDICAL CENTER, Third-party Plaintiffs, Appellants, v. DONDLINGER AND SONS CONSTRUCTION COMPANY, INC. and JOHN A. SHAVER, ROBERT I. McKAY and JOHN D. SMUTZ, a Partnership, d/b/a SHAVER & COMPANY, Third-party Defendants, Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 1967.

Attorney(s) appearing for the Case

Warren H. Kopke, of Great Bend, argued the cause and was on the brief for the third-party plaintiffs, appellants.

Herb Rohleder, of Great Bend, argued the cause, and Tudor W. Hampton and Jerry M. Ward, also of Great Bend, were with him on the brief for the third-party defendants, appellees.

M. John Carpenter and John M. Russell, both of Great Bend, were on the brief for the appellee, John M. Russell.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the district court of Barton County, Kansas, dismissing a third-party petition on motion of the third-party defendants.

The only question here for consideration is whether the trial court erred in sustaining the third-party defendants' motion.

John M. Russell (plaintiff-appellee) filed a petition in the district court of Barton County, Kansas, on the...

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