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DUNN v. CITY OF EMPORIA

No. 40,508

181 Kan. 334 (1957)

311 P.2d 296

DALE DUNN, Appellant, v. THE CITY OF EMPORIA, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Alex Hotchkiss, of Lyndon, argued the cause; Champ Graham, of Emporia, was with him on the briefs for appellant.

Roy U. Jordan, of Emporia, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the lower court sustaining a demurrer to the petition of the plaintiff.

Throughout this opinion the appellant, Dale Dunn, will be referred to as the plaintiff, and The City of Emporia, Kansas, appellee, will be referred to as the defendant.

The plaintiff, a student at Kansas State Teachers College, at Emporia, Kansas, while clothed in tennis shorts and...

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