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STATE FARM FIRE & CAS. CO. v. FALLEY

No. 74,767.

23 Kan. App.2d 21 (1996)

926 P.2d 664

STATE FARM FIRE & CASUALTY CO., Appellee, v. LARRY C. FALLEY, Defendant, and DONALD G. LEGLEITER, Appellant.

Court of Appeals of Kansas.

Opinion filed November 8, 1996.

Attorney(s) appearing for the Case

William J. Pauzauskie, of Topeka, for appellant.

Michael J. Dutton, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Overland Park, for appellee.

Before GERNON, P.J., ROYSE, J., and WILLIAM F. LYLE, JR., District Judge, assigned.

ROYSE, J.:

State Farm Fire & Casualty Co. (State Farm) filed this declaratory action to obtain a determination that its policy issued to Larry C. Falley did not cover injuries sustained by Donald G. Legleiter. The district court granted summary judgment to State Farm, and Legleiter appeals.

Falley went to the Phillips 66 service station at Sixth and Fairlawn in Topeka and filled his car with gas. A disagreement arose regarding Falley's failure to pay for...

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