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HOUSH v. HAY

No. 94,425.

35 Kan.App. 2d 100 (2006)

DALE L. HOUSH and MITCHELL COUNTY, KANSAS, Appellees, v. KENNETH L. HAY and ERIC D. DUNSTAN, d/b/a ERIC DUNSTAN TRUCKING, Appellants.

Court of Appeals of Kansas.

Opinion filed February 17, 2006.

Attorney(s) appearing for the Case

Teresa L. Sittenauer and James P. Nordstrom, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellants.

Dustin J. Denning and Mickey W. Mosier, of Clark, Mize & Linville, Chartered, of Salina, for appellees.

Before PIERRON, P.J., MARQUARDT and MALONE, JJ.

MALONE, J.:

This is an interlocutory appeal from the district court's decision denying the defendants' summary judgment motion based upon the statute of limitations. There is no dispute that the plaintiffs' original petition was filed within the applicable statute of limitations. However, the original petition was never served on the defendants. Instead, after the statute of limitations had expired, the plaintiffs filed...

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