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FARMCO, INC. v. EXPLOSIVE SPECIALISTS, INC.

No. 55,318

9 Kan. App. 2d 507 (1984)

684 P.2d 436

FARMCO, INC., a Kansas Corporation, Appellee, v. EXPLOSIVE SPECIALISTS, INC., et al., Defendants, v. CALIFORNIA UNION INSURANCE, a Corporation, and CANADIAN UNIVERSAL INSURANCE COMPANY, LIMITED, a Corporation, Third-Party Defendants/Appellants.

Court of Appeals of Kansas.

Opinion filed June 14, 1984.

Attorney(s) appearing for the Case

H.W. Fanning and Charles E. Hill, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellant California Union Insurance Company.

Eric E. Davis and William Tinker, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, for appellant Canadian Universal Insurance Company, Limited.

Calvin McMillan, of Kaplan, McMillan & Klinge, of Wichita, and J. Eugene Balloun, of Balloun & Bodinson, Chartered, of Olathe, for appellee.

Before ABBOTT, P.J., MEYER, J., and RICHARD W. WAHL, District Judge, assigned.

ABBOTT, J.:

The trial court awarded attorney fees against two insurance carriers in a garnishment action pursuant to K.S.A. 40-256 and K.S.A. 40-2004. The insurance carriers appeal generally, arguing that 40-256 and 40-2004 do not apply to a garnishment action and that the trial court erred by awarding attorney fees based solely on a contingency fee contract between plaintiff and its counsel.

The plaintiff is Farmco, Inc., which contracted to have work done...

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