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KOSS CONSTRUCTION v. CATERPILLAR, INC.

No. 78,054.

25 Kan. App.2d 200 (1998)

960 P.2d 255

KOSS CONSTRUCTION, Appellant, v. CATERPILLAR, INC., Appellee, and MARTIN TRACTOR COMPANY, INC., Defendant.

Court of Appeals of Kansas.

Opinion filed June 5, 1998.

Attorney(s) appearing for the Case

Sharon A. Werner, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, for appellant.

George P. Coughlin and John M. McFarland, of Lathrop & Gage, L.C., Overland Park, for appellee.

Before ROYSE, P.J., ROGG, S.J. and JAMES J. SMITH, District Judge, assigned.

ROYSE, J.:

This is a products liability action. Koss Construction Co. (Koss) sued Caterpillar, Inc. (Caterpillar) and Martin Tractor Company, Inc. (Martin) for damages to a Caterpillar roller caused by an allegedly defective part. Caterpillar filed a motion for judgment on the pleadings, which the district court granted. Koss appeals from that decision.

A motion for judgment on the pleadings is based upon the ground that the moving party is entitled to a judgment...

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