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COVILL v. PHILLIPS

Civ. A. No. 75-103-C2.

455 F.Supp. 485 (1978)

Lawrence B. COVILL and Jennie L. Covill, Plaintiffs, v. Kenneth N. PHILLIPS, Defendant, State Farm Mutual Automobile Insurance Company, Garnishee.

United States District Court, D. Kansas.

August 23, 1978.

Attorney(s) appearing for the Case

George W. Thomas, Kansas City, Kan., John C. Risjord of Niewald, Risjord & Waldeck, Kansas City, Mo., for plaintiffs.

Willard L. Phillips and John J. Jurcyk, Jr. of McAnany, Van Cleave & Phillips, Kansas City, Kan., Thomas E. Deacy, Jr., and Spencer J. Brown of Deacy & Deacy, Kansas City, Mo., for garnishee.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

The plaintiff's attorney in the instant garnishment action has filed a motion requesting that attorney's fees in the amount of $22,149.57 be taxed as costs in this action under the authority of K.S.A. § 40-256, which provides as follows:

"Attorneys fees in actions on insurance policies; exception. That in all actions hereafter commenced, in which judgment is rendered against any insurance...

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