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NEW HAMPSHIRE INS. CO. v. FOX MIDWEST THEATRES, INC.

No. 45,370

203 Kan. 720 (1969)

457 P.2d 133

NEW HAMPSHIRE INSURANCE COMPANY, LONDON & LANCASHIRE INSURANCE, LTD., GLENS FALLS INSURANCE COMPANY, Appellants, v. FOX MIDWEST THEATRES, INC., a Delaware Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

J.H. Eschmann, of Topeka, argued the cause, and L.M. Ascough and John A. Bausch, of Topeka, were with him on the brief for the appellants.

Paul H. Niewald, of Kansas City, Missouri, argued the cause, and John C. Risjord, of Kansas City, Missouri, and Robert L. Webb, Ralph W. Oman, and Terry Bullock, of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This litigation arose as the result of a fire in the Grand Theatre in Topeka on May 15, 1966, causing damage to the building. Plaintiffs are insurance companies licensed to issue fire insurance policies in Kansas, and have brought this action claiming a right of subrogation through their insured, the First National Bank of Topeka. Plaintiffs seek to recover from the defendant, Fox Midwest Theatres, Inc...

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