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DENNELER v. AUBEL DITCHING SERVICE, INC.

No. 45,287

203 Kan. 117 (1969)

453 P.2d 88

DANIEL R. DENNELER, Plaintiff, v. AUBEL DITCHING SERVICE, INC., WM. F. AUBEL, BETTY J. AUBEL, JOHN R. PFANNENSTIEL, AUBEL ASPHALT, INC., and AUBEL ASPHALT PAVING AND DITCHING SERVICE, Appellants, v. CATERPILLAR TRACTOR COMPANY, a corporation, and FOLEY TRACTOR COMPANY, INC., a corporation, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Great Bend, argued the cause, and Lee Turner and Max E. Eberhart, both of Great Bend, were with him on the brief for the appellants.

Thomas J. Berscheidt, of Great Bend, argued the cause, and Tudor Hampton and Jerry Ward, both of Great Bend, were with him on the brief for the appellee, Caterpillar Tractor Company.

Thomas C. Boone, of Hays, argued the cause and was on the brief for appellee, Foley Tractor Company, Inc.

No appearance for the plaintiff, Daniel R. Denneler.

The opinion of the court was delivered by

PRICE, C.J.:

This is an action to recover damages resulting from a highway collision.

The appeal is by the original defendants from an order dismissing their petition against third-party defendants.

On February 9, 1967, plaintiff Denneler filed the action against Aubel Ditching Service, Inc., and other defendants — including John R. Pfannenstiel — the employee of defendants Aubel.

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