BEVERLY v. McCULLICK

No. 46,521

211 Kan. 87 (1973)

505 P.2d 624

JACK BEVERLY and MAYBELLE BEVERLY, Appellees, v. E.R. McCULLICK, H. IRVIN CHRISTIANSEN, EDWARD B. TOLLE, JOE CLEMENCE, SALINA LIVESTOCK COMMISSION CO., INC., LAWRENCE CLEMENCE, ROBERT D. MUIR, EDWARD T. TOLLE, MERRILL CHRISTIANSEN and THE FARMERS AND RANCHERS LIVESTOCK COMMISSION CO., INC., Appellants.

Supreme Court of Kansas.

Opinion filed January 20, 1973.


Attorney(s) appearing for the Case

Marvin E. Thompson, of Russell, argued the cause, and Clifford R. Holland, Jr., and Mark Arthur, Jr., also of Russell, and John V. O'Donnell, of Ellsworth, were with him on the brief for the appellants E.R. McCullick, H. Irvin Christiansen, Edward B. Tolle, Joe Clemence, and Salina Livestock Commission Co., Inc.

Evart Mills, of Mills & Mills, of McPherson, argued the cause, and Michael T. Mills, and William S. Mills, of the same firm, were with him on the brief for the appellants Lawrence Clemence, Robert D. Muir, Edward T. Tolle, Merrill Christiansen, and The Farmers and Ranchers Livestock Commission Co., Inc.

Frank C. Norton, of Salina, argued the cause, and was on the brief for the appellees.


The opinion of the court was delivered by

OWSLEY, J.:

This is an action for damages against two groups of defendants, those associated with the Salina Livestock Commission Company and those associated with the Farmers and Ranchers Livestock Commission Company. The Salina Livestock group operated plaintiffs' livestock auction facility under an agreement which prohibited the parties from engaging in a competitive business. Plaintiffs claim the Salina Livestock...

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