NOLLER v. GENERAL MOTORS CORP.

No. 60,903

244 Kan. 612 (1989)

772 P.2d 271

LAIRD NOLLER, Appellant, v. GMC TRUCK AND COACH DIVISION, GENERAL MOTORS CORPORATION, Appellee.

Supreme Court of Kansas.

Opinion filed April 14, 1989.


Attorney(s) appearing for the Case

Charles D. McAtee, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause and Anne L. Baker and John D. Ensley, of the same firm, were with him on the briefs for appellant.

John E. Muench, of Mayer, Brown & Platt, of Chicago, Illinois, argued the cause and Stephen M. Shapiro, and Stephen D. Gilles, of the same firm; Stephen A. Murphy, of Gage & Tucker, of Overland Park, Robert J. Harrop and Paul Scott Kelly, Jr., of the same firm, of Kansas City, Missouri; and Charles E. Fairfax, III, and Judith A. Zakens, of General Motors Corporation, of Detroit, Michigan, were with him on the briefs for appellee.

William A. Newman, senior counsel, National Automobile Dealers Association, of McLean, Virginia, and Patrick R. Barnes, of Scott, Quinlan & Hecht, of Topeka, were on the brief amicus curiae for National Automobile Dealers Association.

Ron Campbell, of Fleeson, Gooing, Coulson & Kitch, of Wichita, and Dixie F. Madden, of the same firm, were on the brief amici curiae for Automobile Importers of America, Inc., and Motor Vehicle Manufacturers Association of the United States, Inc.


The opinion of the court was delivered by

HERD, J.:

This is a civil action brought by Laird Noller (Noller) against GMC Truck and Coach Division, General Motors Corporation (GMC). Noller contends he is a third-party beneficiary of a franchise agreement between GMC and Jay Beard Trucks, Inc. (Beard). The district court granted GMC summary judgment. The Court of Appeals reversed and remanded the case for trial on two...

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