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BALAGNA v. VAN DOREN-HAZARD-STALLINGS

No. 58,423

11 Kan. App. 2d 357 (1986)

720 P.2d 1144

FRANCES BALAGNA, A California Resident, and JOSHUA BALAGNA, By and Through his Next Friend, Frances Balagna, Appellants/Cross-appellees, v. VAN DOREN-HAZARD-STALLINGS, A Partnership, and DALLAS W. FREEBORN, Appellees/Cross-appellants.

Court of Appeals of Kansas.

Opinion filed July 3, 1986.

Attorney(s) appearing for the Case

Kathleen Reeder, of Schroer, Rice, Bryan & Lykins, of Topeka, and Robert D. Kingsland and William H. Pickett, of William H. Pickett, P.C., of Kansas City, Missouri, for appellants/cross-appellees.

Robert J. Perry and Herbert A. Marshall, of Marshall, Davis, Bennett and Hendrix, of Topeka, for appellees/cross-appellants.

Before REES, P.J., G. JOSEPH PIERRON, JR., District Judge, assigned, and JOHN W. WHITE, District Judge, assigned.

PIERRON, J.:

This is an appeal from a district court order directing the parties to share equally the payment of a portion of the charges by two expert witnesses as fees for preparation for discovery depositions. Plaintiffs Frances Balagna and Joshua Balagna appeal; defendants Van Doren-Hazard-Stallings and Dallas W. Freeborn cross-appeal.

The controversy arose out of a wrongful death action filed by plaintiffs. In the normal course of the litigation, the...

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