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MORTON v. CITY COMMISSIONERS OF PARSONS

No. 38,913

178 Kan. 282 (1955)

285 P.2d 774

WARREN H. MORTON, Plaintiff, v. THE CITY COMMISSIONERS OF PARSONS, KANSAS, namely W.N. TAYLOR, WILLIAM A. DEARTH and JOHN HUSTON, substituted as Defendants, Defendants.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Avis Martin and Chester I. Lewis, Jr., both of Wichita, were on the briefs for the plaintiff.

Glenn Jones, of Parsons, was on the briefs for the defendants.

The opinion of the court was delivered by

WERTZ, J.:

Invoking the original jurisdiction of this court, plaintiff filed herein a motion for a writ of mandamus in which it was alleged he was a citizen and taxpayer of the City of Parsons and a man of African descent; that the City of Parsons with moneys obtained by taxation had constructed and maintained a municipal swimming pool; that on a designated day he made due...

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