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FLEMING COMPANIES v. EQUITABLE LIFE INS. CO.

No. 66,051

16 Kan. App. 2d 77 (1991)

818 P.2d 813

FLEMING COMPANIES, INC., Appellee, v. EQUITABLE LIFE INSURANCE COMPANY OF IOWA, Appellant.

Court of Appeals of Kansas.

Opinion filed October 4, 1991.

Attorney(s) appearing for the Case

Paul E. Vardeman and Mary Jo Shaney, of Polsinelli, White, Vardeman & Shalton, of Kansas City, Missouri, and Frank A. Caro, Jr., and Bruce W. Beye, of the same firm, of Overland Park, for the appellant.

Gordon E. Wells, Jr., Jim Tierney, John L. Vratil, and Laura J. Bond, of Lathrop & Norquist, of Overland Park, for the appellee.

Before ELLIOTT, P.J., PIERRON, J., and WILLIAM M. COOK, District Judge, assigned.

PIERRON, J.:

Equitable Life Insurance Company of Iowa (Equitable) appeals from the summary judgment granted to Fleming Companies, Inc., (Fleming) on Fleming's petition for declaratory judgment. Fleming had asked the district court to declare its exercise of an option to renew, contained in a certain lease agreement, effective notwithstanding it had given oral notice five weeks after the date expressed in the lease for...

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