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ULTIMATE CHEM. CO. v. SURFACE TRANSP. INT'L, INC.

No. 53,997

232 Kan. 727 (1983)

658 P.2d 1008

ULTIMATE CHEMICAL COMPANY, Plaintiff-Appellee, v. SURFACE TRANSPORTATION INTERNATIONAL, INC., Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

Brent L. Brown, of Stinson, Mag & Fizzell, of Kansas City, Missouri, argued the cause, and John M. Edgar and Stephen J. Owens, of the same firm, and George Maier, Jr., of Weeks, Thomas & Lysaught, Chartered, of Kansas City, Kansas, were with him on the briefs for the appellant.

Frank J. Murphy, of Hillix, Brewer, Hoffhaus & Whittaker, of Kansas City, Missouri, argued the cause, and R. Dennis Wright, of the same firm, and Joel K. Goldman, of Schnider, Shamberg & May, of Shawnee Mission, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is an action to recover damages for trespass brought by the plaintiff, Ultimate Chemical Company (UCC), against the defendant, Surface Transportation International, Inc. (STI). Briefly stated, plaintiff alleged, and the jury in its verdict found, that employees of STI came upon certain land in Kansas City, Kansas, which was under lease to UCC, and destroyed

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