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TAMARAC DEV. CO. v. DELAMATER, FREUND & ASSOCS.

No. 54,741

234 Kan. 618 (1984)

675 P.2d 361

TAMARAC DEVELOPMENT COMPANY, INC., Appellant, v. DELAMATER, FREUND & ASSOCIATES, P.A., Appellee.

Supreme Court of Kansas.

Opinion filed January 13, 1984.

Attorney(s) appearing for the Case

James L. Burgess, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause and Thomas D. Kitch, of the same firm, was with him on the brief for the appellant.

Jeff A. Roth, of Hershberger, Patterson, Jones & Roth, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

The appellant, Tamarac Development Co., appealed from an order granting summary judgment in favor of the appellee, Delamater, Freund & Associates. The trial court determined as a matter of law that Tamarac's cause of action was one in tort rather than contract and thus barred by the two-year statute of limitations. The Court of Appeals in a per curiam decision affirmed the trial court. We granted review...

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