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HUTCHINSON TRAVEL AGENCY, INC. v. McGREGOR

No. 56,389

10 Kan. App. 2d 461 (1985)

701 P.2d 977

HUTCHINSON TRAVEL AGENCY, INC., d/b/a FREE and EASY TRAVEL, Appellant, v. ROB McGREGOR, d/b/a EL DORADO TRAVEL, Appellee.

Court of Appeals of Kansas.

Petition for review denied September 27, 1985.

Attorney(s) appearing for the Case

John T. Conlee, of Fleeson, Gooing, Coulson & Kitch, of Wichita, for appellant.

Ray L. Connell, of Connell & Connell, of El Dorado, for appellee.

Before PARKS, P.J., ABBOTT and MEYER, JJ.

ABBOTT, J.:

This is an interlocutory appeal. It involves two issues. They are whether the trial court erred in overruling as premature Hutchinson Travel Agency's motion to dismiss what is denoted as a malicious prosecution action which the trial court allowed filed in the damage phase of a bifurcated trial, and in overruling its motion for judgment on the counterclaim for fraudulent misrepresentation filed by defendant, Rob McGregor.

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