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HUTCHINSON NAT'L BANK & TRUST CO. v. ENGLISH

No. 46,301

209 Kan. 127 (1972)

495 P.2d 1011

HUTCHINSON NATIONAL BANK AND TRUST COMPANY, of Hutchinson, Kansas, Appellant, v. HELEN M. ENGLISH and THE FIRST NATIONAL BANK OF HUTCHINSON, Co-Executors of the Estate of N.F. English, Deceased Partner, and C.S. ENGLISH Surviving Partner of N.F. ENGLISH CONSTRUCTION COMPANY; and WILBUR L. BYBEE, Appellees.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

Kenneth E. Peirce, of Hodge, Reynolds, Smith, Peirce and Forker, of Hutchinson, argued the cause and was on the brief for the appellant.

John F. Hayes, of Gilliland, Hayes and Goering, of Hutchinson, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by:

FROMME, J.:

This is an appeal from a summary judgment in favor of defendants on a claim for damages alleged to have been caused by false representation and fraud of N.F. English Construction Company, a partnership. The partnership was terminated by the death of N.F. English. This claim was continued against his co-executors and C.S. English, the surviving partner. We will refer collectively to the construction company...

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