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ROSE CONSTR. CO. v. GRAVATT

No. 53,566

231 Kan. 196 (1982)

642 P.2d 569

ROSE CONSTRUCTION COMPANY, INC. Appellant, v. SAM GRAVATT, Appellee, and FARMERS INSURANCE COMPANY, INC., Garnishee-Appellee.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause and was on the brief for appellant.

L. Franklin Taylor, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for garnishee-appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by plaintiff, Rose Construction Company, Inc., from an order dismissing its garnishment proceeding against the garnishee, Farmers Insurance Company, Inc. The issue is whether or not a certain automobile insurance policy provides coverage for plaintiff's property damage.

The facts, simply stated, are as follows. The plaintiff owns a commercial building which it rents to Art Smelser...

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