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BARR v. TERMINIX INT'L, INC.

No. 56,811

237 Kan. 82 (1985)

697 P.2d 1276

DEWEY BARR AND VALERIE BARR, Husband and Wife, Plaintiffs-Appellants, v. TERMINIX INTERNATIONAL, INC., A Foreign Corporation, Defendant-Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1985.

Attorney(s) appearing for the Case

Steven Hornbaker, of Harper & Hornbaker, Chartered, of Junction City, argued the cause and was on the brief for appellants.

D. Lee McMaster, of McMaster & McMaster, of Wichita, argued the cause, and M. Duane Coyle, of the same firm, was with him on the brief for appellee.

Ralph E. Skoog, of Topeka, was on the amicus curiae brief for Kansas Trial Lawyers Association.

Edward L. Keeley, of Crockett & Gripp, of Wichita, was on the amicus curiae brief for Kansas Agricultural Aviation Association.

The opinion of the court was delivered by

PRAGER, J.:

This is an action to recover damages resulting from alleged negligence in the application of a chemical pesticide by the defendant-appellee, Terminix International, Inc., a Kansas licensed and registered "applicator" engaged in the business of applying pesticides to the property of others. The plaintiffs-appellants are Dewey Barr and Valerie Barr, husband and wife, who claimed that they were injured through...

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