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MARINHAGEN v. BOSTER, INC.

No. 66,718

17 Kan. App. 2d 532 (1992)

840 P.2d 534

EVERETT MARINHAGEN and SHIRLEY MARINHAGEN, Appellants, v. BOSTER, INC., CHARLES D. BOSTER, and NITA BOSTER, Appellees.

Court of Appeals of Kansas.

Petition for review denied February 4, 1993.

Attorney(s) appearing for the Case

David O. Alegria, of McCullough, Wareheim & LaBunker, P.A., of Topeka, for appellants.

Justice B. King, of Fisher, Patterson, Sayler & Smith, of Topeka, for appellees.

Before REES, P.J., BRAZIL, J., and JOHN J. BUKATY, JR., District Judge, assigned.

Petition for review denied 252 Kan. ___ (February 4, 1993).

BUKATY, J.:

Plaintiffs Everett Marinhagen and Shirley Marinhagen appeal from the summary judgment entered against them and in favor of defendants Boster, Inc., Charles D. Boster, and Nita Boster.

We first consider the issue of whether plaintiffs filed the appeal out of time, thus depriving us of jurisdiction.

On March 12, 1991, the summary judgment order from which this appeal is taken...

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