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FARM BUREAU MUT. INS. CO. v. HORINEK

No. 55,071

233 Kan. 175 (1983)

660 P.2d 1374

FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Appellee, v. ANTON HORINEK and STANLEY SMITH, Appellants.

Supreme Court of Kansas.

Opinion filed March 26, 1983.

Attorney(s) appearing for the Case

Ronald S. Shalz, of Shalz, Taylor & Schiffner, of Colby, argued the cause, and John D. Gatz, of the same firm, was with him on the brief for Anton Horinek, appellant.

H.E. Jones, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause, and Jeff A. Roth, of the same firm, and Whalen & Fairbanks, P.A., of Goodland, were with him on the brief for the appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is a declaratory judgment action brought by the plaintiff, Farm Bureau Mutual Insurance Company, Inc. (Farm Bureau), versus the defendants, Anton Horinek and Stanley Smith. The case was submitted to the trial court on motions for summary judgment. The trial court sustained the plaintiff Farm Bureau's motion for summary judgment and denied the defendant Anton...

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