KENNEDY v. CITY OF SAWYER

No. 49,732

228 Kan. 439 (1980)

618 P.2d 788

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

Supreme Court of Kansas.

Opinion filed November 1, 1980.


Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, of Topeka, argued the cause and was on the brief for the appellants.

William A. Larson, of Gehrt & Roberts, Chartered, of Topeka, argued the cause and was on the brief for the Continental Research Corporation, appellee.

E. Lael Alkire, of Alkire, Dwire & Wood, of Wichita, argued the cause, and Loren H. Houk, of the same firm, was with him on the brief for the Huge Corporation, appellee.

Robert E. Keeshan, of Scott, Quinlan & Hecht, of Topeka, was on the amicus curiae brief for the Kansas Trial Lawyers' Association.

Larry Mundy, of Eidson, Lewis, Porter & Haynes, of Topeka, was on the amicus curiae brief for the Kansas Association of Defense Counsel.


The opinion of the court was delivered by

FROMME, J.:

This appeal comes to us on Petition for Review from the Court of Appeals. The Court of Appeals affirmed the trial court's orders which dismissed a third-party claim of the City of Sawyer and Gene Aubley against third-party defendant Continental Research Corporation and a similar claim of Continental against the Huge Company, Inc. Kennedy v. City of Sawyer, 4 Kan.App.2d 545

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