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FARMERS MUTUAL AUTOMOBILE INSURANCE CO. v. BUSS

No. T-2408.

188 F.Supp. 895 (1960)

FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, v. Lucas BUSS and Emma Buss, Defendants.

United States District Court D. Kansas.

December 1, 1960.

Attorney(s) appearing for the Case

Addington, Jones, Davis & Haney, by Charles L. Davis, Jr., George B. Trubow and Frank M. Rice, Topeka, Kan., for plaintiff.

Garlinghouse, Shaw & Hergenreter, by Warren W. Shaw, William Hergenreter, Topeka, Kan., and Donald Sands, Holton, Kan., for defendants.

ARTHUR J. STANLEY, Jr., District Judge.

Plaintiff has moved for a new trial, the court having announced that judgment would be for the defendants.

In its complaint, plaintiff seeks to establish the validity of a "husband and wife release" admittedly executed by the defendants on August 9, 1957. Defendants assert the invalidity of the release on the grounds of inadequacy of consideration, fraud in its procurement...

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