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DeKALB SWINE BREEDERS v. WOOLWINE SUPPLY

No. 65726.

809 P.2d 1223 (1991)

248 Kan. 673

DeKALB SWINE BREEDERS, INC., Appellant, v. The WOOLWINE SUPPLY COMPANY; Thomas M. Grice; Wallace Kneller; Catherine Kneller; Michael L. Schmidt; and Denny Whitman, d/b/a Whitman Trucking Company, Defendants. CANAL INSURANCE COMPANY, Appellee, v. HARTFORD FIRE INSURANCE COMPANY, Garnishee/Appellee.

Supreme Court of Kansas.

April 15, 1991.

Attorney(s) appearing for the Case

Steven L. Brooks of Smith, Greenleaf & Brooks, of Liberal, argued the cause, and Mark W. Boswell of DeKalb Genetics Corp., DeKalb, Ill., was with him on the briefs for appellant.

James H. Morain of Neubauer, Sharp, McQueen, Dreiling & Morain, P.A., Liberal, argued the cause and was on the brief for appellee Canal Ins. Co.

Michael A. Doll of Mangan, Dalton, Trenkle, Rebein & Doll Chartered, Dodge City, argued the cause and was on the brief for garnishee/appellee Hartford Fire Ins. Co.

ABBOTT, Judge.

This is an appeal by DeKalb Swine Breeders, Inc., from the trial court's order denying its motion to revive a judgment and dismissing its garnishment action. DeKalb appeals, contending that a timely garnishment action was still pending when the trial court dismissed the action and that the motion to revive was timely filed.

DeKalb sued Denny Whitman, d/b/a Whitman Trucking Company, Canal Insurance Company (Canal) (one of Whitman's insurers)...

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