TOBIN CONSTR. CO. v. KEMP

No. 58,641

239 Kan. 430 (1986)

721 P.2d 278

J.A. TOBIN CONSTRUCTION COMPANY, INC., Plaintiff-Appellee/Cross-Appellant, v. JOHN B. KEMP, Secretary of Transportation, KANSAS DEPARTMENT OF TRANSPORTATION, Defendant-Appellee, and WYANDOTTE COUNTY, KANSAS, Defendant and Third-Party Plaintiff-Appellee, and KANSAS CITY POWER AND LIGHT COMPANY, Third-Party Defendant-Appellant, and SOUTHWESTERN BELL TELEPHONE COMPANY, Third-Party Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1986.


Attorney(s) appearing for the Case

David P. Mudrick, of Topeka, argued the cause, and Lawrence A. Dimmitt, of Topeka, and Charles O. Thomas, of Weeks, Thomas & Lysaught, Chartered of Kansas City, were with him on the brief for third-party defendant/appellant Southwestern Bell Telephone Company.

Robert P. Gingrich, of Kansas City, Missouri, argued the cause, and J. Franklin Hummer, of Davis, Unrein, Hummer & McCallister, of Topeka, was with him on the briefs for third-party defendant/appellant Kansas City Power & Light Company.

Roy Bash, of Miller and Bash, P.C., of Kansas City, Missouri, argued the cause and R.W. Miller, of the same firm, and Nathan C. Harbur, of Overland Park, were with him on the brief for plaintiff-appellee/cross-appellant J.A. Tobin Construction Company, Inc.


The opinion of the court was delivered by

LOCKETT, J.:

Appellee, J.A. Tobin Construction Co., Inc., (Tobin) seeks review of the dismissal of its cross-appeal. The Court of Appeals determined Tobin's cross-appeal was not timely filed and dismissed it for lack of jurisdiction. We granted review. The only issue presented by this case is whether Tobin's cross-appeal was timely filed. The facts and dates relevant to a...

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