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FIREMAN'S FUND AMERICAN INS. COMPANIES v. CENTRAL SEC.

No. 46,120

208 Kan. 263 (1971)

491 P.2d 914

FIREMAN'S FUND AMERICAN INSURANCE COMPANIES, Appellant, v. CENTRAL SECURITIES, INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

David G. Arst, of Wichita, argued the cause and was on the brief for the appellant.

Richard C. Hite, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an action by Fireman's Fund American Insurance Companies for damages against its agent, Central Securities, Inc.

On June 2, 1969, this case came on for trial before a jury, and after each of the parties made their opening statements the trial court, without motion, rendered a summary judgment for the defendant. Plaintiff appeals.

We must determine whether or not there was a genuine...

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