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HITCHCOCK v. SKELLY OIL CO.

No. 45,006

201 Kan. 260 (1968)

440 P.2d 552

EVA HITCHCOCK, et al., Plaintiffs, v. SKELLY OIL CO., INC., et al., Defendants. HAROLD H. MALONE, Applicant and Appellant, v. T. GRA GASTON, ELWOOD TOBIAS, GERTRUDE TOBIAS WASSBERG, HOWARD ATEN and BESSIE ATEN, Appellees.

Supreme Court of Kansas.

Opinion filed May 11, 1968.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Great Bend, argued the cause, and Harold H. Malone, H. Lee Turner, Max E. Eberhart and Jack G. Duncan, all of Great Bend, were on the briefs for the appellant.

Granville M. Bush, of Lyons, and Charles S. Arthur, of Manhattan, argued the cause, and Richard Ankerholz, of Lyons, was with them on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This controversy stems from a dispute over the allowance of an attorney's fee. The case is a sequel to previous litigation in this court (Aten v. Tobias, 114 Kan. 646, 220 Pac. 196) and this appeal is the result of an order on a post-decision motion in the original case of Hitchcock v. Skelly Oil Co., 197 Kan. 1, 414 P.2d 67

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