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ELLIS v. UNION PACIFIC R.R. CO.

No. 53,549

231 Kan. 182 (1982)

643 P.2d 158

CONNIE ELLIS, et al., Plaintiffs, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant, and CITY OF ONAGA, MILL CREEK TOWNSHIP, and POTTAWATOMIE COUNTY, KANSAS, Appellees.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Larry Mundy, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause and was on the brief for the appellant.

Sally H. Harris, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the brief for the appellee City of Onaga.

Gary F. Conklin, of Westmoreland, argued the cause and was on the brief for the appellee Mill Creek Township.

John F. Stites, of Stites, Hill and Wilson, of Manhattan, argued the cause and was on the brief for the appellee Pottawatomie County, Kansas.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is a comparative negligence action wherein Union Pacific Railroad Company (defendant-appellant) appeals the district court's dismissal of Union Pacific's claim for contribution in proportion to the percentage of causal negligence attributable to the governmental entities, City of Onaga, Mill Creek Township, and Pottawatomie County, Kansas (defendants-appellees), joined in the action pursuant to...

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