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JOHNSON v. WESTHOFF SAND CO.

No. 92,700.

281 Kan. 930 (2006)

J. MICHELLE JOHNSON and ALAN L. JOHNSON, Plaintiffs/Garnishors/Appellees/Cross-Appellants, v. WESTHOFF SAND COMPANY, INC., Defendant, v. MID-CONTINENT CASUALTY COMPANY, Garnishee/Appellant/Cross-Appellee.

Supreme Court of Kansas.

Opinion filed June 9, 2006.

Attorney(s) appearing for the Case

James R. Borthwick, of Blackwell Sanders Peper Martin LLP, of Kansas City, Missouri, argued the cause, and Brian D. Martin, of the same firm, was with him on the briefs for appellant.

Rex A. Sharp, of Gunderson Sharp & Walke, L.L.P., of Prairie Village, argued the cause, and Barbara C. Frankland, of the same firm, was with him on the briefs for appellees.

The opinion of the court was delivered by

NUSS, J.:

This case involves a dispute over the amount of attorney fees and expenses assessed against an insurance company under K.S.A. 40-256. The district court's assessment against Mid-Continent Casualty Company (Mid-Continent) in the underlying garnishment action was based in part upon the Johnsons' contingent fee agreement with their counsel which established fees of...

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