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BUTTERS v. CONSOLIDATED TRANSFER & WAREHOUSE CO., INC.

No. 46,794

212 Kan. 284 (1973)

510 P.2d 1269

KENNETH R. BUTTERS, ELMA BUTTERS and CITY OF INDEPENDENCE, MISSOURI, a municipal corporation, Appellants, v. CONSOLIDATED TRANSFER AND WAREHOUSE COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

J.D. Lysaught, of Weeks, Thomas, Lysaught, Bingham & Johnston, Chartered, of Kansas City, argued the cause, and Thomas D. Cochran, of Independence, Missouri, was with him on the brief for appellants.

N. Jack Brown, of Boddington, Brown & Unverferth, of Kansas City, argued the cause, and Roy A. Larson, Jr., of Sprinkle, Carter, Lawson & Hanna, of Kansas City, Missouri, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from a summary judgment denying relief under a "hold harmless" agreement.

The city of Independence, Missouri, owns and operates a power and light department as a public utility engaged in the proprietary function of purchasing electric power for distribution to customers. In connection therewith it owned, controlled, and operated an electric transformer substation located at...

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