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PETERSON v. GARNEY CONSTR. CO.

No. 49,321

2 Kan. App. 2d 587 (1978)

584 P.2d 1269

JOSEPH A. PETERSON and LORETTA R. PETERSON, Appellants, v. GARNEY CONSTRUCTION COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed October 6, 1978.

Attorney(s) appearing for the Case

Donald L. Zemites, of Alder & Zemites, of Overland Park, for appellants.

George A. Lowe, of Lowe, Terry & Roberts, of Olathe, for appellee.

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

MEYER, J.:

On October 16, 1974, Joseph A. and Loretta R. Peterson (appellants) initiated a court action against Garney Construction Company (appellee) for $100,000 actual and $100,000 punitive damages, plus fees and costs. Both parties continued the case several times; ultimately, the court said there would be no more continuances, and trial was set for April 19, 1977.

On April 13, 1977, appellants decided to...

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