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FOUTS v. ARMSTRONG COMMERCIAL LAUNDRY DISTRIBUTING CO.

No. 46,227

209 Kan. 59 (1972)

495 P.2d 1390

RALPH W. FOUTS, d/b/a FOUTS PLUMBING & HEATING COMPANY, Appellee, v. ARMSTRONG COMMERCIAL LAUNDRY DISTRIBUTING COMPANY, a/k/a ARMSTRONG-MAYTAG LAUNDRY DISTRIBUTING COMPANY, Appellant, and GEORGE E. SYBRANT and BETTY J. SYBRANT, his wife, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

Thomas D. Herlocker, of the firm of Roberts and Roberts, of Winfield, and Charles W. Stubbs, of Oklahoma City, Oklahoma, argued the cause and were on the brief for the appellant.

Donald Hickman, of the firm of Dale, Hickman and Mills, of Arkansas City, argued the cause and was on the brief for appellees Sybrants.

The opinion of the court was delivered by

KAUL, J.:

This action was initiated by plaintiff-appellee, Ralph W. Fouts, d/b/a Fouts Plumbing & Heating Company, to foreclose a mechanic's lien. The principle controversy, however, arises from cross-petitions between defendants-appellees, George E. Sybrant and Betty J. Sybrant, and defendant-appellant, Armstrong Commercial Laundry Distributing Company, a/k/a Armstrong...

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