HUXOL v. NICKELL

No. 45,821

206 Kan. 102 (1970)

476 P.2d 606

VIRGIL HUXOL, Appellee, v. E.L. NICKELL d/b/a NICKELL CONSTRUCTION COMPANY, Appellant, and AL M. ROME d/b/a AL M. ROME DITCHING SERVICE, Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1970.


Attorney(s) appearing for the Case

Jerry M. Ward, of Hampton and Ward, of Great Bend, argued the cause, and Thomas C. Boone, of Hays, was with him on the brief for the appellant.

J. Eugene Balloun, of Turner and Balloun, of Great Bend, argued the cause, and the firm of Driscoll and Driscoll, of Russell, was with him on the brief for the appellee Al M. Rome, d/b/a Al M. Rome Ditching Service.

The firm of Dreiling and Bieker, of Hays, was on the brief for the appellee Virgil Huxol.


The opinion of the court was delivered by

KAUL, J.:

The appellant, E.L. Nickell, d/b/a Nickell Construction Company, appeals from a judgment of the trial court denying indemnification against appellee, Al M. Rome, d/b/a Rome Ditching Service, for a judgment recovered by appellee Huxol against appellant Nickell which was affirmed by this court in Huxol v. Nickell, 205 Kan. 718, 473 P.2d 90<...

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