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SHUGHART THOMSON & KILROY, P.C. v. MAX RIEKE & BROS., INC.

No. 76,559.

24 Kan. App.2d 205 (1997)

943 P.2d 508

SHUGHART THOMSON & KILROY, P.C., Appellant, v. MAX RIEKE & BROTHERS., INC., and AMERICAN STATES INSURANCE COMPANY, Appellees.

Court of Appeals of Kansas.

Opinion filed August 8, 1997.

Attorney(s) appearing for the Case

Steven D. Ruse, of Shughart Thomson & Kilroy, P.C., of Overland Park, and Roy Bash, of the same firm, of Kansas City, Missouri, for appellant

Charles D. Lawhorn, of Lawhorn, Simpson & Polsley, of Shawnee Mission, for appellees.

Before ROYSE, P.J., LEWIS and KNUDSON, JJ.

ROYSE, J.:

Shughart Thompson & Kilroy, P.C., (Shughart) brought this action against Max Rieke & Brothers, Inc., (Rieke) and American States Insurance (American States) to recover attorney fees incurred in a previous action. The district court dismissed the case, and Shughart appeals.

The previous action concerned construction work on Interstate 35. Florence Construction Company (Florence) had entered into a contract with the Kansas Department of Transportation...

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