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SMITH v. MARSHALL

No. 49,096

225 Kan. 70 (1978)

587 P.2d 320

SYLVESTER SMITH, JR., Appellant, v. KEVIN P. MARSHALL, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1978.

Attorney(s) appearing for the Case

Fred W. Phelps, Jr., of Fred W. Phelps, Chartered, of Topeka, argued the cause and Betty Joan Phelps and Fred W. Phelps were with him on the brief for the appellant.

Harold S. Youngentob, of Goodell, Casey, Briman & Cogswell, of Topeka, argued the cause and Thomas E. Wright, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action brought under the provisions of the Kansas Automobile Injury Reparations Act (K.S.A. 1977 Supp. 40-3101 et seq.), commonly known as the Kansas No-Fault Insurance Act. Summary judgment was entered for the defendant, Kevin P. Marshall. The plaintiff, Sylvester Smith, Jr., appealed from the summary judgment and the Court of Appeals reversed...

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