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NOEL v. PIZZA HUT, INC.

No. 65,019

15 Kan. App. 2d 225 (1991)

805 P.2d 1244

WALLACE R. NOEL, LARRY D. NOEL, MICHAEL L. NOEL, and CATHY R. NOEL, Plaintiffs/Appellants/Cross-Appellees, v. PIZZA HUT, INC., and PEPSICO, INC., Defendants, and PIZZA MANAGEMENT, INC., and ARTURO G. TORRES, Defendants/Appellees/Cross-Appellants.

Court of Appeals of Kansas.

Petition for review denied April 23, 1991.

Attorney(s) appearing for the Case

Robert Martin and J. Michael Riehn, of Martin, Pringle, Oliver, Wallace & Swartz, of Wichita, for the appellants.

Ron D. Beal, of Klenda, Mitchell, Austerman & Zuercher, of Wichita, for the appellees.

Before LEWIS, P.J., PIERRON, J., and RICHARD B. WALKER, District Judge, assigned.

LEWIS, J.:

This is an action for the breach of a third-party beneficiary agreement. The trial court sustained a motion to dismiss on the grounds that the petition failed to state a claim upon which relief could be granted. The trial court also dismissed the action as to the defendant Arturo G. Torres on jurisdictional grounds. The plaintiffs (Wallace Noel and his children Larry, Michael, and Cathy Noel) appeal both rulings. The defendants Pizza Management, Inc., ...

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