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SALT CITY BUSINESS COLLEGE, INC. v. OHIO CAS. INS.

No. 50,441

4 Kan. App. 2d 77 (1979)

602 P.2d 953

SALT CITY BUSINESS COLLEGE, INC., and RICHARD L. CONARD, Appellants, v. OHIO CASUALTY INSURANCE COMPANY and FEDERAL INSURANCE COMPANY, Appellees.

Court of Appeals of Kansas.

Opinion filed November 21, 1979.

Attorney(s) appearing for the Case

Michael R. O'Neal, of Hodge, Reynolds, Smith, Peirce & Forker, of Hutchinson, for appellants.

Larry Withers, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellee Ohio Casualty Insurance Company.

Richard A. Benjes, of Martindell, Carey, Hunter & Dunn, of Hutchinson, and Glenn McCann, of Knipmeyer, McCann, Fish & Smith, of Kansas City, Missouri, for appellee Federal Insurance Company.

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

ABBOTT, J.:

This is an appeal from the denial of a post-judgment motion for attorney fees pursuant to K.S.A. 40-256. The actual loss to plaintiffs has been paid as a result of the acceptance of defendants' joint offer to confess judgment. The facts are simple and are basically undisputed. The insureds discovered structural damage to their building in January of 1975. They ultimately filed suit against three insurance...

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