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DIEKER v. CASE CORP.

No. 86,429.

276 Kan. 141 (2003)

73 P.3d 133

DOUGLAS DIEKER and THOMAS DIEKER, Appellees, v. CASE CORPORATION, Appellant.

Supreme Court of Kansas.

Opinion filed July 25, 2003.

Attorney(s) appearing for the Case

Heather S. Woodson, of Stinson Morrison Hecker LLP., of Overland Park, argued the cause, and Mark M. Iba, of the same firm, of Kansas City, Missouri, was with her on the briefs for appellant.

Blake Hudson, of Hudson & Mullies, L.L.C., of Fort Scott, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

BRAZIL, J.:

Douglas Dieker and Thomas (Tom) Dieker (plaintiffs) purchased a new Case combine which caught fire after 12 days of use during soybean harvest. In the jury trial against defendant Case Corporation (Case), plaintiffs presented a breach of implied warranty claim and the jury awarded them $96,344.35 in damages. The trial court denied Case's renewed motion for judgment...

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