BROWN v. WICHITA STATE UNIVERSITY

No. 47,363

219 Kan. 2 (1976)

547 P.2d 1015

MARVIN G. BROWN, SR., et al., Appellants, v. WICHITA STATE UNIVERSITY, et al, Appellees. MIKE BRUCE, et al, Appellants, v. WICHITA STATE UNIVERSITY, et al, Appellees. HALLIE EUGENIA ROBINSON, Individually and as the Administratrix of the Estate of Eugene Robinson, et al, Appellants, v. WICHITA STATE UNIVERSITY, et al, Appellees.

Supreme Court of Kansas.

Opinion on rehearing filed March 6, 1976.


Attorney(s) appearing for the Case

John W. Norman, Jr., of Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, of Oklahoma City, Oklahoma, argued the cause, and Ronald D. Heck, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, and David W. Kennedy, of Greene & Kennedy, of Wichita, were with him on the briefs for the appellants.

Wayne Coulson, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause and was on the brief for the appellee Wichita State University Physical Education Corporation, Inc.

Paul B. Swartz, of Martin, Pringle, Schell & Fair, of Wichita, argued the cause, and J. Taylor Neuschwander, of the same firm, was with him on the brief for the appellee Wichita State University.

Curt T. Schneider, attorney general, and Philip A. Harley, assistant attorney general, were on the brief amici curiae, for the Attorney General of Kansas.

Robert A. Coldsnow, of Topeka, was on the brief amicus curiae, for the Kansas Senate, Kansas House of Representatives and Kansas Legislative Coordinating Council.

Keith Eales, of Topeka, and Jerry Richard Palmer, of Topeka, were on the brief amici curiae, for The Kansas Trial Lawyers Association.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, and Robert N. Partridge, of the same firm, were on the brief amici curiae, for the Kansas Association of Defense Counsel.

Barkley Clark, of Lawrence, and Frank A. Bien, of Topeka, were on the brief amici curiae, for the League of Kansas Municipalities.


OPINION ON REHEARING

The opinion of the court was delivered by

SCHROEDER, J.:

Pursuant to post-decision motions to modify and to supplement the decisions in Brown v. Wichita State University, 217 Kan. 279, 540 P.2d 66, and Brown v. Wichita State University, P.E.C., Inc., 217 Kan. 661, 538 P.2d 713,...

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