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R.J. PALMER CONSTR. v. WICHITA BAND INSTRUMENT

No. 52,889

7 Kan. App. 2d 363 (1982)

642 P.2d 127

R.J. PALMER CONSTRUCTION CO., INC., Plaintiff-Appellee, v. WICHITA BAND INSTRUMENT CO., INC., and GARY L. RAY and JANE A. RAY, Defendants-Appellees, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third Party Defendant-Appellee, and J. CRAIG MANN, Third Party Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed March 11, 1982.

Attorney(s) appearing for the Case

David A. Gripp, of Crockett and Gripp, of Wichita, for appellant.

No appearance by appellees.

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

ABBOTT, J.:

The issue in this appeal is whether the third party defendant, J. Craig Mann, is entitled to arbitration of his dispute with the defendants Wichita Band Instrument Co., Inc., and Gary L. Ray and Jane A. Ray.

The problem is presented as follows: The plaintiff, R.J. Palmer Construction Co., Inc., (Palmer) commenced an action against defendants, Wichita Band Instrument Co., and Gary L. Ray and Jane A. Ray, alleging they are indebted to Palmer in the...

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