ASSOCIATED WHOLESALE GROCERS, INC. v. AMERICOLD CORP.

No. 80,786.

266 Kan. 1047 (1999)

975 P.2d 231

ASSOCIATED WHOLESALE GROCERS, INC., et al., Appellees, v. AMERICOLD CORPORATION, et al., Defendants, and NORTHWESTERN PACIFIC INDEMNITY COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1999.


Attorney(s) appearing for the Case

Stephen A. Cozen, of Cozen and O'Connor, of Philadelphia, Pennsylvania, argued the cause, and David R. Strawbridge, Thomas G. Wilkinson, Jr., and Gaele Mclaughlin Barthold, of the same firm, and M. Warren McCamish, of Williamson & Cubbison, of Kansas City, Kansas; and James D. Oliver and Robert L. Howard, of Foulston & Siefkin, L.L.P., of Topeka, were with him on the briefs for appellant.

John M. Duggan, of Duggan, Shadwick & Doerr, of Kansas City, Missouri, argued the cause, and Jay T. Shadwick, of the same firm; Jo Ann Butaud, of Evans & Mullinix, P.A., of Lenexa; John E. North, Jr., and Pamela K. Black, of McGrath, North, Mullin & Kratz, P.C., of Omaha, Nebraska; Edward J. Barbosa, William J. Gotfredson, and Edward L. Smith, of Knipmeyer, McCann, Smith, Manz & Gotfredson, of Kansas City, Missouri; and James A. Durbin and Richard N. Bien, of Swanson, Midgley, Gangwere, Kitchin & McLarney, L.C., of Kansas City, Missouri, were with him on the brief for appellees.


The opinion of the court was delivered by

SIX, J.:

This is an attorney disqualification case under MRPC 1.9, Conflict of Interest: Former Client (1998 Kan. Ct. R. Annot. 320), and MRPC 1.10, Imputed Disqualification (1998 Kan. Ct. R. Annot. 322). Northwestern Pacific Indemnity Company (NPIC) appeals the disqualification of its trial counsel Cozen and O'Connor of Philadelphia. The district court found an implied attorney-client

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