FREETO CONSTRUCTION CO. v. AMERICAN HOIST & DERRICK CO.

No. 45,376

203 Kan. 741 (1969)

457 P.2d 1

FREETO CONSTRUCTION CO., Appellant, v. AMERICAN HOIST & DERRICK CO., and WARNER-SWAZEY MANUFACTURING CO., INC., Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1969.


Attorney(s) appearing for the Case

Lawrence G. Zukel, of Olathe, argued the cause, and John B. Towner, of Pittsburg, was with him on the brief for the appellant.

Perry L. Owsley, of Pittsburg, argued the cause and was on the brief for the appellee, American Hoist & Derrick Co.

Douglas G. Hudson, of Fort Scott, argued the cause, and Douglas Hudson and David Mullies, both of Fort Scott, were with him on the brief for the appellee, Warner-Swazey Manufacturing Company, Inc.


The opinion of the court was delivered by

KAUL, J.:

Plaintiff-appellant appeals from an order of the trial court which sustained motions for defendant and third party defendant for dismissal of plaintiff's action. The motions were made at pretrial conference and were based on the ground that plaintiff's action was barred by applicable statutes of limitation.

For convenience the appellant will be referred to...

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