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CARSON v. CHEVRON CHEMICAL CO.

No. 52,158

6 Kan. App. 2d 776 (1981)

635 P.2d 1248

JOHN CARSON, Plaintiff-Appellant, v. CHEVRON CHEMICAL COMPANY and WAITS HOMEGAS, INC., Defendants-Appellees, and WAITS HOMEGAS, INC., Cross-Claimant/Appellant, v. DONALD W. JOHNSON, Plaintiff-Appellee, and COLLINGWOOD GRAIN, INC., Intervenor-Appellee.

Court of Appeals of Kansas.

Opinion filed October 29, 1981.

Attorney(s) appearing for the Case

Alexander B. Mitchell, of Sargent, Klenda, Haag & Mitchell, of Wichita, for the appellant John Carson and the appellee Donald W. Johnson.

Donald H. Humphreys, of Great Bend, for the cross-claimant/appellant Waits Homegas, Inc.

Robert L. Baer, of Cosgrove, Webb & Oman, of Topeka, for the appellee Chevron Chemical Company.

Christopher Randall and Eldon L. Boisseau, of Turner & Boisseau, Chartered, of Wichita, for the appellee Waits Homegas, Inc.

Michael R. O'Neal and H. Newlin Reynolds, of Hodge, Reynolds, Smith, Peirce & Forker, of Hutchinson, for the appellee Collingwood Grain, Inc.

Before ABBOTT, P.J., PARKS and SWINEHART, JJ.

SWINEHART, J.:

This appeal is actually two separate appeals stemming from what was originally one lawsuit. In 1977 Donald W. Johnson, John Carson, and Aubrey Price filed suit against Chevron Chemical Company and Waits Homegas, Inc., alleging breach of express and implied warranties arising out of the failure of a contact herbicide, Paraquat, to kill existing weeds and grasses, the consequence of which was the failure of the plaintiffs' 1976 no-till milo crops. By...

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