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BINDER v. PERKINS

No. 46,994

213 Kan. 365 (1973)

516 P.2d 1012

ALOIS BINDER and ROBERT BINDER d/b/a ALOIS BINDER AND SON, Appellees, v. D.R. PERKINS, Appellant.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

Charles Boyle, of Russell, argued the cause, and was on the brief for the appellant.

Norbert R. Dreiling, of Dreiling and Bieker, of Hays, argued the cause and Dennis L. Bieker, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

Defendant Duane R. Perkins, operator of an aerial crop-spraying business, appeals from a judgment against him of $2,500 plus costs for loss of plaintiffs' leased five and one-half acre alfalfa field damaged by airborne 2-4D herbicide applied by defendant to a neighboring wheat field.

Carl and Alphonse Ruder contracted with defendant to spray their seventy...

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