CLUB EXCHANGE CORPORATION v. SEARING

No. 48,465

222 Kan. 659 (1977)

567 P.2d 1353

CLUB EXCHANGE CORPORATION, ATTORNEY IN FACT FOR THE AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE, Appellant, v. MARY SEARING, JOHN E. DRURY AND DELORES D. DRURY, BILL R. HARTFORD AND JOAN K. HARTFORD, EPHRAM L. O'BANION, MARION O'BANION AND SHARON O'BANION, EDWARD M. RIGGS, ERMA L. RIGGS, Appellees.

Supreme Court of Kansas.

Opinion filed July 11, 1977.


Attorney(s) appearing for the Case

James R. Goheen, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, argued the cause, and Terry Fitzgerald, of the same firm, was with him on the brief for the appellant.

Robert V. Wells, of Kansas City, argued the cause and was on the brief for Bill R. and Joan K. Hartford, appellees; H. Wayne Powers, of Overland Park, argued the cause, and Frank Saunders, Jr., also of Overland Park, was with him on the brief for Ephram L., Marion, and Sharon O'Banion, appellees; John P. Biscanin, of Kansas City, argued the cause and was on the brief for Mary Searing, appellee; and David K. Duckers, of Kansas City, was on the brief for John E. and Delores D. Drury, appellees.


The opinion of the court was delivered by

MILLER, J.:

A motion to dismiss this interpleader action was sustained and attorneys' fees were awarded to defendants and taxed against the plaintiff, Club Exchange Corporation. It appeals, challenging both rulings.

A two-car collision occurred on North 59th Street in Kansas City, Kansas, on September 12, 1974. Harry Searing, driving one of the vehicles, was killed. His wife, Mary Searing, was injured. Edward...

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