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KANSAS POWER & LIGHT CO. v. AARENS

No. 66,604

16 Kan. App. 2d 620 (1992)

827 P.2d 74

KANSAS POWER and LIGHT COMPANY, Appellee, v. KYLE DAVID AARENS, et al., Appellants.

Court of Appeals of Kansas.

Opinion filed January 10, 1992.

Attorney(s) appearing for the Case

William P. Coates, Jr., and Douglas M. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Lenexa, for appellants.

Jeffrey S. Southard, general counsel, Kansas Power & Light Co., of Topeka, for appellee.

Before BRISCOE, C.J., GERNON, J., and PHILIP L. SIEVE, District Judge, assigned.

GERNON, J.:

This appeal raises the issue of whether a utility, Kansas Power and Light Company (KP&L), is required to pay sales tax for repairing its own equipment, thereby making a tortfeasor, the defendants here, liable for such sales tax as part of a damage award or settlement.

The ten defendants here were sued by KP&L on a negligence theory after each damaged KP&L's property with their automobiles...

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