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KENNEDY v. CITY OF SAWYER

No. 49,732

4 Kan. App. 2d 545 (1980)

608 P.2d 1379

PAUL G. KENNEDY and ALICE C. KENNEDY, Plaintiffs, v. THE CITY OF SAWYER, KANSAS, and GENE AUBLEY, Defendants and Third Party Plaintiffs, Appellants, v. CONTINENTAL RESEARCH CORPORATION and THE HUGE COMPANY, INC., Third Party Defendants, Appellees.

Court of Appeals of Kansas.

Petition for review granted June 26, 1980.

Attorney(s) appearing for the Case

James P. Nordstrom, of Fisher, Patterson, Sayler & Smith, of Topeka, for appellants.

William A. Larson, of Gehrt & Roberts, Chartered, of Topeka, for appellee Continental Research Corporation.

E. Lael Alkire, of Alkire, Wood, Wilson & Wilson, of Wichita, for appellee Huge Company.

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

REES, J.:

Although originating as a negligence action, this case comes before us on appeal by defendant City of Sawyer and defendant Gene Aubley from an order dismissing their third party claim against Continental Research Corporation. The third party claim is a products liability claim for indemnification.

The plaintiffs are owners of a fifty-acre pasture abutting three sides of a fenced 3.7 acre tract owned by the City and within which the City maintains...

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