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HENRY, ADMINISTRATOR v. STEWART

No. 45,612

203 Kan. 289 (1969)

454 P.2d 7

W.F. HENRY, Administrator of the Estates of Paul E. Findley and Lenna A. Findley, Decedents, Kiowa, Kansas, Plaintiff, v. CHARLES H. STEWART, Judge 24th Judicial District, Defendant.

Supreme Court of Kansas.

Opinion filed April 28, 1969.

Attorney(s) appearing for the Case

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

John C. Frank, of Wichita, argued the cause, and Eugene B. Ralston, of Wichita, was with him on the brief for the defendant.

The opinion of the court was delivered by

O'CONNOR, J.:

This is an original proceeding in mandamus wherein the plaintiff seeks to have set aside the district judge's order staying further proceedings in a personal injury and wrongful death action that was transferred to his court from the probate court of Barber county. The issue to be determined is the propriety of the stay order in light of a separate action, involving the same unliquidated claims, pending...

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