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SEABOARD CORP. v. MARSH INC.

No. 104,294.

284 P.3d 314 (2012)

SEABOARD CORPORATION, Appellee, v. MARSH INC., Marsh USA Inc., and American International Group, Inc., Appellants.

Supreme Court of Kansas.

August 31, 2012.

Attorney(s) appearing for the Case

J. Nick Badgerow , of Spencer Fane Britt & Browne LLP, of Overland Park, argued the cause, and Douglas M. Weem , of the same firm, and John J. Milleri , of Swanson Midgley, LLC, of Kansas City, Missouri; Mitchell J. Auslander , Christopher J. St. Jeanos , and Joanna Rotgers , of Willkie Farr & Gallagher LLP, of New York, New York; Daniel J. Leffell and Andrew C. Finch , of Paul, Weiss, Rifkind, Wharton & Garrison LLP, of New York, New York; and Kenneth A. Gallo , of Paul, Weiss Rifkind, Wharton & Garrison LLP, of Washington, D.C., were with him on the briefs for appellants.

Patrick J. Stueve , of Stueve Siegel Hanson LLP, of Kansas City, Missouri, argued the cause, and Rachel E. Schwartz and Richard M. Paul III , of the same firm, were with him on the brief for appellee.

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

The primary question raised in this appeal is whether the Kansas saving statute, K.S.A. 60-518, applies and saves the plaintiff's action from being barred by the applicable statute of limitation. Under the Kansas saving statute, a plaintiff who timely files a legal action that is dismissed otherwise than on the merits after any applicable statute of limitation has run may file a second legal action within 6 months...

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