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KRUG v. KORIEL

No. 76,257.

23 Kan. App.2d 751 (1997)

935 P.2d 1063

IVAN D. KRUG and ALETA CRABTREE, Appellants, v. JOHN KORIEL, Appellee.

Court of Appeals of Kansas.

Opinion filed April 4, 1997.

Attorney(s) appearing for the Case

Robert P. Mahan, of Dighton, for the appellants.

Richard A. Boeckman, of Keenan & Boeckman Law Firm, P.A., of Great Bend, for the appellee.

Before BRAZIL, C.J., GERNON and PIERRON, JJ.

PIERRON, J.:

Ivan D. Krug and Aleta Crabtree (hereinafter Krug) appeal the district court's granting of summary judgment in favor of John Koriel. The court held that Koriel had no legal duty to control the volunteer wheat on his land to prevent the spread of the wheat streak mosaic virus and, in any event, there was insufficient evidence to establish that Koriel's fields were the source of the infestation.

Krug owns the northeast quarter of Section 17, Township...

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