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GIDEON v. BO-MAR HOMES, INC.

No. 45,641

205 Kan. 321 (1970)

469 P.2d 272

GLENN GIDEON and WILMETTA GIDEON, Appellants, v. BO-MAR HOMES, INC., ALLIED BUILDING CREDITS and ALLIED CONCORD FINANCIAL CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

Marvin E. Thompson, of Thompson, Holland & Arthur, of Russell, argued the cause, and Clifford R. Holland, Jr. and Mark Arthur, Jr., were with him on the brief for the appellants.

Richard M. Driscoll, of Driscoll & Driscoll, of Russell, argued the cause, and Jerry E. Driscoll, Herbert N. Holland and Michael S. Holland, of Russell, and H. Lee Turner and J. Eugene Balloun, of Turner and Balloun, and Max E. Eberhart, of Great Bend, were with him on the brief for appellees.

The opinion of the court was delivered by

FATZER, J.:

The crux of this appeal is whether the district court abused its judicial discretion in denying the appellants' motion for an order of dismissal of their action without prejudice pursuant to K.S.A. 60-241 (a) (2). The parties concede that if the supreme court concludes the district court abused its discretion in denying the appellants' motion, it compounded its error by sustaining the appellees'...

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