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NIDA v. AMERICAN ROCK CRUSHER CO.

No. 67,571

253 Kan. 230 (1993)

855 P.2d 81

GARY NIDA and DEBBIE NIDA, Appellants, v. THE AMERICAN ROCK CRUSHER COMPANY, J.A. TOBIN CONSTRUCTION COMPANY, INC., and J.E. TOBIN, Appellees.

Supreme Court of Kansas.

Opinion filed June 16, 1993.

Attorney(s) appearing for the Case

Thomas T. O'Neill, of Carson & Fields, of Kansas City, argued the cause, and Blaise R. Plummer, of the same firm, was with him on the briefs for appellants.

Frank C. Weidling, of Boddington & Brown, Chtd., of Kansas City, argued the cause and was on the briefs for appellees.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The plaintiffs, Gary and Debbie Nida, appeal from an order of the district court entering summary judgment against the Nidas in an action for damages to their residence. The Nidas' residence was damaged when the surface of their land sank approximately 10 feet due to subsurface mining operations, which had ceased 30 years before the subsidence occurred. Summary...

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