BODINE v. OSAGE COUNTY RURAL WATER DIST. # 7

No. 77,867.

263 Kan. 418 (1997)

949 P.2d 1104

MARVIN BODINE and All Others Similarly Situated, Plaintiffs/Appellants, v. OSAGE COUNTY RURAL WATER DISTRICT # 7, Defendant/Third-Party Plaintiff/Appellee, v. CITY OF OSAGE CITY, KANSAS, Third-Party Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1997.


Attorney(s) appearing for the Case

Stephen P. Weir, of Hein and Weir, Chartered, of Topeka, argued the cause and was on the briefs for appellants.

David E. Bengtson, of Morrison and Hecker, L.L.P., of Wichita, argued the cause, and Alan L. Rupe, of the same firm, was with him on the brief for third-party plaintiff/appellee.

Justice B. King, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, argued the cause, and David R. Cooper, of the same firm, was with him on the brief for third-party defendant/appellee.


The opinion of the court was delivered by

ABBOTT, J.:

The plaintiff, Marvin Bodine, is a resident ratepayer within Osage County Rural Water District # 7 (RWD). He sued RWD in a class action for improper water rates, alleging seven different claims. RWD purchases its water from the City of Osage City (City). RWD joined the City as a third-party defendant for indemnification purposes, should Bodine prevail in his action...

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