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MARR v. GEIGER READY-MIX CO.

No. 46,224

209 Kan. 40 (1972)

495 P.2d 1399

EVA MARIE MARR, Appellee, v. GEIGER READY-MIX COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

James N. Snyder, of Snyder and Snyder, of Leavenworth, argued the cause, and James N. Snyder, Jr., of the same firm, was with him on the brief for the appellant.

Charles D. Kugler, of Carson, Mahoney and Fields, of Kansas City, argued the cause, and David W. Carson, J.W. Mahoney and John H. Fields, of the same firm, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an interlocutory appeal from a judgment of the trial court permitting the plaintiff to substitute a party defendant by amendment after the statute of limitations had run.

The issue on appeal requires a construction of K.S.A. 60-215 (c) as amended by the Supreme Court (order dated July 17, 1969).

The facts are not in dispute. On May 25, 1967, Eva Marie Marr (plaintiff-appellee...

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