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NEWMAN MEMORIAL HOSP. v. WALTON CONST. CO.

No. 94,473.

149 P.3d 525 (2007)

NEWMAN MEMORIAL HOSPITAL, d/b/a Newman Regional Health Center, Plaintiff/Appellee, v. WALTON CONSTRUCTION COMPANY, INC., Defendant, Everton Oglesby Askew Architects, Defendant/Appellant, Fairbury Glass Co., Inc., d/b/a Concordia Mirror and Glass Company, Defendant, Belles & Associates, Inc., Defendant, and AMCO Insurance Company, Defendant.

Court of Appeals of Kansas.

January 12, 2007.

Attorney(s) appearing for the Case

Wyatt A. Hoch and Carolyn L. Matthews, of Foulston Siefkin LLP, of Wichita, and James D. Oliver, of Foulston Siefkin LLP, of Overland Park, for appellant.

Harold S. Youngentob, John A. Bausch, and Nathan D. Leadstrom, of Goodell, Stratton, Edmonds & Palmer, L.L.P., of Topeka, for appellee.

Before MALONE, P.J., CAPLINGER, J., and LARSON, S.J.

LARSON, S.J.

This is Everton Oglesby Askew Architects' (EOAA) direct appeal from (1) the district court's ruling that Newman Memorial Hospital, d/b/a Newman Regional Health Center (Newman) was not subject to EOAA's statute of limitations defense because Newman was acting in a governmental and not a proprietary manner in building and leasing an office building to physicians at commercial rates; (2) rulings relating to its contract for architectural services to Newman...

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