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FEBERT v. UPLAND MUTUAL INS. CO.

No. 48,517

222 Kan. 197 (1977)

563 P.2d 467

KALMAN FEBERT, Appellant, v. UPLAND MUTUAL INSURANCE COMPANY, Appellee, and TEFFT & DONALDSON CONTRACTORS, INC., Appellee, v. KALMAN FEBERT, Appellant, and UPLAND MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1977.

Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause and was on the brief for appellant Kalman Febert.

J. Franklin Hummer, of Topeka, argued the cause and was on the brief for appellee Upland Mutual Insurance Company.

Larry L. Luttjohann, of Larry L. Luttjohann, Chartered, of Topeka, argued the cause and was on the brief for appellee Tefft & Donaldson Contractors, Inc.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from jury verdicts rendered in two cases which were consolidated for trial. The first case was decided in favor of plaintiff Kalman Febert and against the Upland Mutual Insurance Company. Plaintiff in the second case, Tefft & Donaldson Contractors, Inc., received a verdict against Febert and Upland Mutual. Febert appeals.

The case arose from the following facts. Febert owned...

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