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WEAVER v. FRAZEE

No. 47,676 and No. 47,824

219 Kan. 42 (1976)

547 P.2d 1005

W.B. WEAVER, Appellant, v. BLANCHE FRAZEE, et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

Byron G. Larson, of Dodge City, argued the cause, and Larry L. Kopke, of Great Bend, was on the briefs for the appellant.

Jerry M. Ward, of Ward and Berscheidt, of Great Bend, argued the cause and Steve W. Church, of Greensburg, was with him on the briefs for appellee, Vincent G. Fleming.

Vincent G. Fleming, of Larned, argued the cause, and Dennis O. Smith, of Hodge, Reynolds, Smith, Peirce and Forker, of Hutchinson, was with him on the briefs for appellee, Blanche Frazee.

David L. Patton, of Smith and Patton, of Dodge City, argued the cause and was on the brief for appellees, Roy Weaver and Valeda H. Weaver, his wife.

The opinion of the court was delivered by

FOTH, C.:

These are separate appeals by W.B. Weaver from orders dismissing two separate actions brought by him in the district court of Kiowa county. Since both actions arose out of the same transaction and the parties defendant overlap the appeals were consolidated for oral argument and are hereby consolidated for decision. Both cases were dismissed on the defendants' respective

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