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O.K. JOHNSON ELECTRIC, INC. v. HESS-MARTIN CORPORATION

No. 45,516

204 Kan. 478 (1970)

464 P.2d 206

O.K. JOHNSON ELECTRIC, INC., a Corporation, Appellant, v. HESS-MARTIN CORPORATION, INC., a Corporation, and THE TRAVELERS INDEMNITY CO., a Corporation, and WHITE LAKES DEVELOPMENT, INC., a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Gerald J. Letourneau, of Topeka, argued the cause, and Richard R. Funk, of Topeka, was with him on the brief for the appellant.

James D. Waugh, of Topeka, argued the cause, and Robert L. Webb, Ralph W. Oman, Philip E. Buzick, Wm. B. McElhenny, James L. Grimes, Donald J. Hortter, Terry L. Bullock, and Edwin L. Bailey, of Topeka, were with him on the brief for appellee White Lakes Development, Inc.

Floyd J. Gehrt and Robert L. Roberts, of Topeka, were on the brief for appellees Hess-Martin Corporation, Inc. and The Travelers Indemnity Co.

The opinion of the court was delivered by

O'CONNOR, J.:

This was an action instituted under the provisions of K.S.A. 60-1110 by O.K. Johnson Electric, Inc., a subcontractor, against Hess-Martin Corporation, Inc., the prime contractor, and its surety to recover for labor and materials furnished in the construction of the White Lakes Shopping Center in Topeka. White Lakes Development, Inc., the owner of the shopping...

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