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NICHOLS v. ATCHISON, T. & S.F. RLY. CO.

No. 40,201

180 Kan. 101 (1956)

299 P.2d 52

CLAYTON NICHOLS and SHERMAN LYLES, Co-partners, Appellants, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 30, 1956.

Attorney(s) appearing for the Case

W.S. Norris, of Salina, argued the cause, and Sanford M. Manker, and Eugene H. Linville, both of Salina, were with him on the briefs for the appellants.

J.B. Reeves, of Topeka, argued the cause, and C.J. Putt, W.E. Treadway, and Edwin M. Wheeler, all of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court sustaining a demurrer to the amended petition of appellants.

For convenience we will refer to appellant Clayton Nichols as Nichols, appellant Sherman Lyles as Lyles, and to the appellee as Santa Fe.

The amended petition is quite lengthy but the pertinent allegations thereof, briefly summarized, are:

Nichols and Lyles were co-partners...

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