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PHELPS DODGE COPPER PRODUCTS CORP. v. ALPHA CONSTR.

No. 45,364

203 Kan. 591 (1969)

455 P.2d 555

PHELPS DODGE COPPER PRODUCTS CORPORATION, Appellee, v. ALPHA CONSTRUCTION COMPANY, a Corporation, and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellants.

Supreme Court of Kansas.

Opinion filed June 14, 1969.

Attorney(s) appearing for the Case

David H. Sanders, of Tulsa, Oklahoma, argued the cause, and Byron M. Gray, Charles L. Davis, Jr. and Robert D. Hecht, all of Topeka, were with him on the brief for the appellants.

Jack L. Whitacre and Donald W. Giffin, both of Kansas City, Missouri, argued the cause, and David H. Heilman, of Council Grove was with them on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an action by Phelps Dodge Copper Products Corporation, herein called plaintiff or Phelps Dodge, against the defendants, Alpha Construction Company and Fidelity and Casualty Company of New York, herein referred to as Alpha or defendants, to recover for copper products sold and delivered to Alpha in the total amount of $292,684.22.

The defendants filed an answer generally admitting the plaintiff...

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