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SHELMAN v. WESTERN CASUALTY & SURETY CO.

No. 48,307

1 Kan. App. 2d 44 (1977)

562 P.2d 453

GAROLD E. SHELMAN and CAPITOL STORES, INC., a corporation; and HARTFORD ACCIDENT AND INDEMNITY COMPANY; R.G. ALDRIDGE d/b/a ALDRIDGE CONSTRUCTION COMPANY, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellees, v. WESTERN CASUALTY AND SURETY COMPANY, Appellant.

Court of Appeals of Kansas.

Petition for review denied April 18, 1977.

Attorney(s) appearing for the Case

Wayne T. Stratton and Harold S. Youngentob, of Goodell, Casey, Briman and Cogswell, of Topeka, for the appellant.

Robert B. Wareheim, of McCullough, Wareheim and LaBunker, of Topeka, and Carl W. Quamstrom, of Shaw, Hergenreter, Quarnstrom and Wright, of Topeka, for the appellees.

FOTH, J.:

Plaintiff Garold E. Shelman, having obtained a $50,000 judgment for personal injuries alleged to have been sustained at the hands of the Al Elam Construction Company, Inc., sought to collect his judgment on behalf of himself and the other plaintiffs claiming through him by this suit against Elam's general liability underwriter, Western Casualty and Surety Company. (The claim of the other plaintiffs arises out of workmen's compensation benefits paid to Shelman...

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