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UNITED STATES FIDELITY & GUARANTY CO. v. MAISH

No. 71,290

21 Kan. App. 2d 885 (1995)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant/Cross-Appellee, v. JIMMY D. MAISH, JR., R.V. SPECIALISTS, INC., and H.C.S., INC., d/b/a HOME CARE SERVICES, Appellees/Cross-Appellants, and ROBERT L. FISHER, TONY FISHER, ANDREW TYLER ELLIOTT, and ALFRED CAMERON III, Defendants.

Court of Appeals of Kansas.

Opinion filed December 29, 1995.

Attorney(s) appearing for the Case

Marc A. Powell and Donald N. Peterson, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, for appellant/cross-appellee.

Craig Shultz, of Shultz & Lonker, Chartered, of Wichita, for appellees/cross-appellants.

Before LEWIS, P.J., PIERRON and GREEN, JJ.

LEWIS, J.:

United States Fidelity & Guaranty Company (USF&G) sued Jimmy Maish, Jr., et al., (Maish) for damages based on civil fraud and conspiracy in connection with a fire loss. The trial court directed a verdict in favor of Maish, holding that the claim of USF&G against Maish was a compulsory counterclaim it failed to assert in a prior action between the parties. USF&G appeals from that decision and from an award of attorney fees in favor...

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