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WILLIAMS v. COMMUNITY DRIVE-IN THEATRE, INC.

No. 49,861

3 Kan. App. 2d 352 (1979)

595 P.2d 724

JERRY WILLIAMS, Plaintiff-Appellant, v. COMMUNITY DRIVE-IN THEATRE, INC., and DONNA KINDER McKENNA (HATMEN), Defendants-Appellees, and INSURANCE COMPANY OF NORTH AMERICA, Garnishee-Appellee.

Court of Appeals of Kansas.

Petition for review denied July 13, 1979.

Attorney(s) appearing for the Case

John A. Bausch, of Ascough, Bausch, Eschmann, of Topeka, for the appellant.

Frederick K. Starrett and Robert D. Ochs, of Fisher, Ralston, Ochs and Heck, P.A., of Topeka, for the appellee Insurance Company of North America.

Before FOTH, C.J., REES and PARKS, JJ.

PARKS, J.:

Plaintiff judgment creditor, Jerry Williams, sought to attach by garnishment a debt which he claimed was owed by defendant Insurance Company of North America to its alleged omnibus insured, Donna McKenna, now Hatmen. After finding that no debt existed, the Shawnee County District Court entered summary judgment for the defendant insurance company. Plaintiff appeals.

Plaintiff was shot by Hatmen while on the premises of the Community Drive-In Theatre...

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