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TOPEKA RAILWAY EQUIP., INC. v. FOREMOST INS. CO.

No. 50,754

5 Kan. App. 2d 183 (1980)

614 P.2d 461

TOPEKA RAILWAY EQUIPMENT, INC., Appellant, v. FOREMOST INSURANCE COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

William T. Nichols, of Marshall, Hawks, Hendrix, Schenk & Nichols, of Topeka, for appellant.

Ronald P. Williams, of Shaw, Hergenreter, Quarnstrom & Wright, of Topeka, for appellee.

Before FOTH, C.J., ABBOTT and SPENCER, JJ.

ABBOTT, J.:

This is an appeal by plaintiff Topeka Railway Equipment, Inc., the insured, from an order by the district court granting judgment to defendant Foremost Insurance Company, the insurer, holding that an exclusionary provision in the policy applied and no coverage was afforded the insured.

The insured's business includes modifying and repairing railroad cars. A number of cars owned by the United States...

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