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CHAVEZ, EXECUTRIX v. SAUMS

No. 48,756

1 Kan. App. 2d 564 (1977)

571 P.2d 62

MARIAN RUTH AUSHERMAN CHAVEZ, Executrix of the Estate of William S. Ausherman, Deceased, Appellant, v. HARRY SAUMS and LEE K. STUMP, Appellees.

Court of Appeals of Kansas.

Petition for review denied November 15, 1977.

Attorney(s) appearing for the Case

Fred W. Phelps, Chartered, of Topeka, for the appellant.

Russell E. Grant, of Mulvane, Fred D. Swoyer and Douglas G. Simms, of Belleville, for the appellees.

Before SPENCER, P.J., PARKS and SWINEHART, JJ.

PARKS, J.:

Marian Ruth Ausherman Chavez (executrix) moved this court to be substituted as plaintiff after the death of her father, William S. Ausherman, on April 24, 1977. This court so ordered on June 21, 1977. For clarity, we will continue to refer to William Ausherman as plaintiff.

Plaintiff appeals from the trial court's order granting summary judgment in favor of defendants Stump and Saums.

Plaintiff William Ausherman first employed attorney Harry...

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