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KISER v. GILMORE

No. 48,850

2 Kan. App. 2d 683 (1978)

587 P.2d 911

LUELLA KISER, as Administrator C.T.A. of the Estate of Wayne F. Kiser a/k/a Wayne Frederick Kiser, and LUELLA KISER, Appellees, v. WILLIAM GILMORE, d/b/a GILMORE CATTLE COMPANY, Appellant.

Court of Appeals of Kansas.

Petition for reviewed denied February 5, 1979.

Attorney(s) appearing for the Case

Charles K. Hyter, of Branine, Chalfant, Hyter & Hill, of Hutchinson, for the appellant.

Gaylord I. Maples, of Maples & Egan, of Peabody, for the appellees.

Before ABBOTT, P.J., REES and SWINEHART, JJ.

SWINEHART, J.:

The defendant appeals from a jury verdict awarding actual damages in the amount of $3,888.99 and punitive damages in the amount of $15,000 to the plaintiffs in an action arising out of the sale of cattle infected with brucellosis.

The plaintiffs are husband and wife. Mr. Kiser died soon after the conclusion of the trial in district court and his wife was substituted as administrator of his estate in the appeal.

In late 1973, the plaintiff...

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