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FREDRICKS v. FOLTZ

No. 49,576

225 Kan. 663 (1979)

594 P.2d 665

PHILLIP FREDRICKS AND JAMES L. FREDRICKS AND EUNICE FREDRICKS, HIS WIFE, Appellants, v. REX FOLTZ, JACK DAVIS, D/B/A DAVIS OIL COMPANY, AND CHAMPLIN PETROLEUM COMPANY, A CORPORATION, Appellees.

Supreme Court of Kansas.

Opinion filed May 5, 1979.

Attorney(s) appearing for the Case

Patrick L. Dougherty, of Ratner, Mattox, Ratner, Ratner & Barnes, of Wichita, argued the cause and William L. Roberts was with him on the brief for appellants.

Richard O. Skoog, of Skoog & Latimer, of Ottawa, argued the cause and was on the brief for appellee Jack Davis.

David H. Fisher, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause, and James P. Nordstrom, of the same firm, was with him on the brief for appellee Champlin Petroleum Company.

The opinion of the court was delivered by

HOLMES, J.:

This is the second time for this case to come before this court. The first appeal was dismissed in the case of Fredricks v. Foltz, 221 Kan. 28, 557 P.2d 1252 (1976), as being premature.

Phillip Fredricks and his parents brought a personal injury action against Champlin Petroleum Company, Jack Davis d/b/a Davis Oil Company...

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