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BROWN v. FITZPATRICK

No. 48,859

224 Kan. 636 (1978)

585 P.2d 987

LARRY W. BROWN, Plaintiff-Appellee, v. TRIPLE "D" DRILLING CO., INC., Defendant, and K.N. FITZPATRICK, Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed October 28, 1978.

Attorney(s) appearing for the Case

Abraham Weinlood, of Weinlood, Cole, Shaffer & Brown, of Hutchinson, argued the cause and was on the brief for the appellant.

Raymond F. Berkley, of Hess, Leslie, Berkley & Granger, of Hutchinson, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The ultimate question we are called upon to decide is whether Larry W. Brown should have been permitted to have his action against K.N. Fitzpatrick reinstated almost two years and four months after it was ordered dismissed without prejudice for lack of prosecution. The order reinstating the action was made ex parte and without the defendant Fitzpatrick having an opportunity to oppose the reinstatement...

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