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CREEK v. HARDER CONSTR.

No. 77,325.

25 Kan. App.2d 232 (1998)

961 P.2d 1240

ALAN D. CREEK and REBECCA CREEK, Appellants, v. HARDER CONSTRUCTION, INC., Defendant, and MARYLAND CASUALTY COMPANY, Garnishee/Appellee.

Court of Appeals of Kansas.

Opinion filed June 26, 1998.

Attorney(s) appearing for the Case

Karl Kuckelman and Brian C. Behrens, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for appellants.

Douglas M. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for garnishee/appellee.

Before GREEN, P.J., ELLIOTT, J., and JANICE D. RUSSELL, District Judge, assigned.

GREEN, J.:

Alan D. Creek and Rebecca Creek appeal from a judgment of the trial court denying their garnishment against the garnishee, Maryland Casualty Company (Maryland Casualty). The Creeks maintain that Maryland Casualty was required to pay a judgment previously entered against its insured, Harder Construction, Inc. (Harder). The Creeks argue that the trial court erred in determining that Maryland Casualty was relieved from liability because of Harder's noncooperation...

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