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STOLP v. CITY OF ARKANSAS CITY

No. 40,045

181 Kan. 225 (1957)

310 P.2d 888

CHESTER K. STOLP, Appellant, v. THE CITY OF ARKANSAS CITY, and THE AETNA CASUALTY AND SURETY COMPANY, Appellees.

Supreme Court of Kansas.

Opinion on rehearing filed May 11, 1957.

Attorney(s) appearing for the Case

Harry O. Janicke, of Winfield, and George W. Stanley, of Arkansas City, argued the cause, and John A. Herlocker, and Warren D. Andreas, both of Winfield, were with them on the brief for the appellant.

Kirke W. Dale, of Arkansas City, argued the cause, and Donald Hickman, of Arkansas City, was with him on the brief for the appellees.

OPINION ON REHEARING

The opinion of the court was delivered by

ROBB, J.:

The original opinion reversed the trial court's order which sustained the demurrer of the appellee city to the petition of appellant. This opinion on rehearing concerns only the cause of Chester K. Stolp against the city of Arkansas City.

The original opinion set out all the elements involved in the operation of the hospital in question which were covered by the

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