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WALTRIP v. SIDWELL CORP.

Nos. 55,858 and 55,859

234 Kan. 1059 (1984)

678 P.2d 128

KENNETH M. WALTRIP, PATSY SUE WALTRIP, and DOROTHY JEAN PUFF, Trustees of the Hill Revocable Trusts, Appellants, v. THE SIDWELL CORPORATION; SIDWELL OIL AND GAS, INC.; ROBERT KLABZUBA; DAVID D. READ, JR.; JUDITH ANN KLABZUBA PARK; JANET MARIE KLABZUBA STEVENS; JANE ALICE KLABZUBA KORMAN; JO J. KLABZUBA, Trustee; BILLY J. READ; ALAN DANIEL READ; and KATHY JANE READ, Appellees, JAMES ROBERT HILL, individually and as Co-Trustee of the Houston and Emma Hill Trust Estate; VIRGINIA GLENN HILL LATTIMORE, individually and as Co-Trustee of the Houston and Emma Hill Trust Estate; and B.P. LOCKHART, Co-Trustee of the Houston and Emma Hill Trust Estate, Appellants, v. THE SIDWELL CORPORATION; SIDWELL OIL AND GAS, INC.; ROBERT KLABZUBA; DAVID D. READ, JR.; JUDITH ANN KLABZUBA PARK; JANET MARIE KLABZUBA STEVENS; JANE ALICE KLABZUBA KORMAN; JO J. KLABZUBA, Trustee; BILLY J. READ; ALAN DANIEL READ; and KATHY JANE READ, Appellees.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

Clifford L. Malone, of Adams, Jones, Robinson & Malone, of Wichita, argued the cause for appellants Kenneth M. Waltrip, et al.; Dennis M. Feeney, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause for appellants James Robert Hill, et al., and was on the brief for all appellants.

William R. Smith, of Hershberger, Patterson, Jones & Roth of Wichita, argued the cause, and David J. Morgan, of the same firm, was with him on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

Plaintiffs in two consolidated cases appeal from summary judgments granted in favor of the defendants on the grounds the claims were barred by the applicable statute of limitations. The cases, originally consolidated in the trial court, remain consolidated on appeal and were transferred from the Court of Appeals pursuant to K.S.A. 20-3018(c).

These cases arise from the same facts underlying...

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