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BOLLINGER v. NUSS

No. 45,179

202 Kan. 326 (1969)

449 P.2d 502

WALTER BOLLINGER (Plaintiff), Appellant, v. KARL NUSS (Defendant), Appellant, and WESTERN CASUALTY AND SURETY COMPANY (Garnishee), Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1969.

Attorney(s) appearing for the Case

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

Robert E. Southern, of Great Bend, was on the brief for appellant Nuss.

Don C. Foss, of Great Bend, argued the cause, and Tudor W. Hampton, Jerry M. Ward and Norman G. Bailey, of Great Bend, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This was a garnishment proceeding to determine the extent of the insurer's liability where a judgment rendered against its insured exceeded policy limits.

The plaintiff, Walter Bollinger, recovered a judgment for $30,483.84 against the defendant, Karl Nuss. Defendant's insurer, Western Casualty and Surety Company, using the services of Mr. Tudor W. Hampton...

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