FREDRICKS v. FOLTZ

No. 48,090

221 Kan. 28 (1976)

557 P.2d 1252

PHILLIP FREDRICKS and JAMES L. FREDRICKS and EUNCE FREDRICKS, his wife, Appellants, v. REX FOLTZ, JACK DAVIS, d/b/a DAVIS OIL COMPANY, and CHAMPLIN PETROLEUM COMPANY, A CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1976.


Attorney(s) appearing for the Case

Payne Ratner, Jr., of Ratner, Mattox, Ratner, Ratner & Barnes, P.A., of Wichita, argued the cause, and Patrick L. Dougherty and William L. Roberts, of the same firm, were on the brief for the appellants.

David H. Fisher, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and James P. Nordstrom, of the same firm, was with him on the brief for the appellee, Champlin Petroleum Company.

Richard O. Skoog, of Skoog & Latimer, of Ottawa, argued the cause for the appellee Jack Davis, d/b/a Davis Oil Company, and was on the brief for the appellees, Rex Foltz and Jack Davis, d/b/a Davis Oil Company.

Robert L. Roberts, of Gehrt, Roberts & Rieger, of Topeka, argued the cause for the appellee Rex Foltz, and was on the brief for the appellees, Rex Foltz and Jack Davis, d/b/a Davis Oil Company.


The opinion of the court was delivered by

SCHROEDER, J.:

The basic question here presented is whether the plaintiff in a damage action can appeal an order of the trial court dismissing the action as to one of several multiple party defendants on a motion for summary judgment, where such judgment has not completely disposed of the action and the trial court has not made the explicit determination and direction of entry of judgment under K.S.A. 1975 Supp. 60...

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