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SUNFLOWER ELECTRIC COOP. v. TOMLINSON OIL CO.

No. 52,175

7 Kan. App. 2d 131 (1981)

638 P.2d 963

SUNFLOWER ELECTRIC COOPERATIVE, INC., Appellant, v. TOMLINSON OIL COMPANY, INC., Appellee.

Court of Appeals of Kansas.

Petition for review denied March 3, 1982.

Attorney(s) appearing for the Case

L. Earl Watkins, Jr., of Diets, Hardman, Watkins & Calcara, of Great Bend, for the appellant.

Norbert R. Dreiling, of Dreiling, Bieker & Kelley, of Hays, for the appellee.

Before JUSTICE HERD, presiding, SWINEHART, J., and LEWIS L. McLAUGHLIN, District Judge Retired, assigned.

HERD, J.:

This is a breach of contract action in which the trial court relieved appellee of liability for breach under the doctrine of impossibility of performance. Sunflower Electric appeals.

Appellant, Sunflower Electric Cooperative, Inc., a member of the R.E.A. family, is a public utility in the business of generating electricity for wholesale to eight member cooperatives. Its main generating facility is...

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