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RICHERT v. BOARD OF EDUCATION OF THE CITY OF NEWTON

No. 39,609

177 Kan. 502 (1955)

280 P.2d 596

CARL J. RICHERT and IRENE RICHERT, Appellants, v. THE BOARD OF EDUCATION OF THE CITY OF NEWTON, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed March 5, 1955.

Attorney(s) appearing for the Case

J. Rodney Stone, of Newton, argued the cause and was on the briefs for the appellants.

C. Fred Ice, of Newton, argued the cause, and Alden E. Branine, and Arthur N. Turner, both of Newton, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This appeal was taken from the trial court's order sustaining appellee's demurrer to appellants' second amended petition for the reason that a cause of action was not stated.

Appellants' second amended petition substantially alleged:

Appellants have owned and maintained their home since February 19, 1937, on a tract of real estate which is 88.65 feet wide, north and south, by 135 feet long...

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