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SMITH v. MASSEY-FERGUSON, INC.

No. 69,826

256 Kan. 90 (1994)

DANIEL SMITH, Appellee/Cross-Appellant, v. MASSEY-FERGUSON, INC., a Maryland Corporation; MASSEY-FERGUSON LTD., a Canadian Corporation; VARITY CORPORATION, a Delaware Corporation; and DEAN STROBERG, Defendants, and DAVID STROBERG, Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed October 28, 1994.

Attorney(s) appearing for the Case

Norman R. Kelly, of Norton, Wasserman, Jones & Kelly, of Salina, argued the cause and was on the briefs for appellant/cross-appellee.

Donald A. McKinney, of Michaud, Hutton, Fisher & Andersen, of Wichita, argued the cause, and Donald S. Andersen and Chan P. Townsley, of the same firm, were with him on the briefs for appellee/cross-appellant.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Daniel Smith, plaintiff, brought this action against Massey-Ferguson, Inc., (Massey-Ferguson) the manufacturer of a combine; Dean Stroberg, his employer and owner of the combine; and David Stroberg (Stroberg), the son of Dean Stroberg. Before trial began, Smith entered into a settlement agreement with Dean Stroberg. Before any evidence was presented, he settled with Massey-Ferguson. The jury found and...

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