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DCI, INC. v. BOARD OF COUNTY COM'RS

No. 96,784.

165 P.3d 1060 (2007)

DODGE CITY IMPLEMENT, INC. and Justin L. Slattery, Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF BARBER, and The Moore Township, Barber County, Kansas, Appellees.

Court of Appeals of Kansas.

August 24, 2007.

Attorney(s) appearing for the Case

Mark A. Buck and Clinton W. Lee, of Fairchild & Buck, P.A., of Lawrence, for appellants.

Stephen M. Kerwick, of Foulston Siefkin, LLP, of Wichita, for appellee Board of County Commissioners of Barber County.

Edward L. Keeley, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellee Moore Township.

Before McANANY, P.J., GREEN and CAPLINGER, JJ.

CAPLINGER, J.

This action emanated from the collision of a freight train owned by Burlington Northern and Santa Fe Railway Company (BNSF) and a truck owned by Dodge City Implement, Inc. (DCI) and driven by Justin Slattery. BNSF filed an action in federal court for damages sustained to its engine, train and cargo during the collision. After BNSF eventually settled its claims with DCI, DCI brought a new action in Barber County District Court against Moore Township and...

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