ASSOCIATED WHOLESALE v. AMERICOLD CORP.

No. 99,506.

270 P.3d 1074 (2011)

293 Kan. 633

ASSOCIATED WHOLESALE GROCERS, INC., et al. (Conagra, Inc., Swift-Eckrich, Inc., Safeway, Inc., Kraft Foodservice, Inc., Phillips Confections, Inc. d/b/a Phillips Confections & Hanover, Inc., The Fleming Companies, Inc., Institute of London Underwriters, and Commerce and Industry Insurance Company), Appellees/Cross-appellants, v. AMERICOLD CORPORATION and Americold Services Corporation, Defendants, and Northwestern Pacific Indemnity Company, Appellant/Cross-appellee.

Supreme Court of Kansas.

December 23, 2011.


Attorney(s) appearing for the Case

James D. Oliver , of Foulston Siefkin LLP, of Overland Park, and Benjamin E. Zuckerman , of Cozen O'Connor, of Philadelphia, Pennsylvania, argued the cause, and Stephen A. Cozen , of Cozen O'Connor, of Philadelphia, was with them on the briefs for appellant/cross-appellee.

John M. Duggan , of Duggan, Shadwick, Doerr & Kurlbaum, of Overland Park, and Jack C. Hsu , of Christensen & Ehret, L.L.P., of Chicago, Illinois, argued the cause, and Deron A. Anliker , of Duggan, Shadwick, Doerr & Kurlbaum, P.C., of Overland Park, Mark E. Christensen and Katherine Amelotte Jones , of Christensen & Ehret, L.L.P., of Chicago, Robert D. Mullin, Jr. , of McGrath, North, Mullin & Kratz, P.C., LLO, of Omaha, Nebraska, JoAnn Butaud , of Evans and Mullinix, P.A., of Shawnee, Edward L. Smith , of Kansas City, Missouri, William J. Gotfredson , of Monaco, Sanders, Gotfredson, Racine & Barber, L.C., of Kansas City, Missouri, and Patrick N. Fanning and Richard N. Bien , of Lathrop & Gage, LC, of Kansas City, Missouri, were with them on the briefs for appellees/cross-appellants.


The opinion of the court was delivered by JOHNSON, J.:

This garnishment action, together with its voluminous appellate record, returns to this court for the third time. See Associated Wholesale Grocers, Inc. v. Americold Corp., 261 Kan. 806, 934 P.2d 65 (1997) (Americold I); Associated Wholesale Grocers, Inc. v. Americold Corp., 266 Kan. 1047...

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