KATZENMEIER v. OPPENLANDER

No. 98,025.

178 P.3d 66 (2008)

Kail M. KATZENMEIER and Rebecca J. Katzenmeier, Appellants, v. Lysle R. OPPENLANDER, Appellee.

Court of Appeals of Kansas.

March 14, 2008.


Attorney(s) appearing for the Case

Richard H. Seaton, of Seaton, Seaton & Gillespie, L.L.P., of Manhattan, for appellants.

William J. Bahr, of Arthur-Green, L.L.P., of Manhattan, for appellee.

Before MARQUARDT, P.J., GREEN and LEBEN, JJ.


GREEN, J.

Kail and Rebecca J. Katzenmeier appeal from a summary judgment granted in favor of Lysle R. Oppenlander on their intentional and negligent misrepresentation claims. They argue that the trial court misinterpreted and misapplied a factually similar case, McLellan v. Raines, 36 Kan.App.2d 1, 140 P.3d 1034 (2006), or, alternatively, that McLellan was wrongly decided. Nevertheless, because the Katzenmeiers waived their right to rely on Oppenlander...

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