FLEETWOOD ENTERPRISES, INC. v. COLEMAN CO., INC.

No. 95,796.

161 P.3d 765 (2007)

FLEETWOOD ENTERPRISES, INC., Appellee, v. The COLEMAN COMPANY, INC., Appellant.

Court of Appeals of Kansas.

May 25, 2007.


Attorney(s) appearing for the Case

James D. Oliver, of Foulston Siefkin LLP, of Overland Park, and Mikel L. Stout and Todd N. Tedesco, of Wichita, for appellant.

Jeffrey T. Thomas, of Gibson, Dunn & Crutcher LLP, of Irvine, California, Stephen R. McAllister and Todd N. Thompson, of Thompson Ramsdell & Qualseth, P.A., of Lawrence, and Eldon L. Boisseau, of Law Offices of Eldon L. Boisseau, of Wichita, for appellee.

Before HILL, P.J., MARQUARDT, J., and KNUDSON, S.J.


HILL, J.

This case arises from a summary judgment ruling that permanently enjoined Coleman Company, Inc., from licensing its name in the recreational vehicle industry. In order to prevent inequity, Kansas courts have found, under an alter ego theory, that a subsidiary corporation can bind its parent. The issue of whether one corporation is but an instrumentality of another is a question of fact. Because of the parent corporation's extensive control over its subsidiary...

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