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GARDNER v. MAE

No. 41,736

186 Kan. 375 (1960)

349 P.2d 910

BERTIE B. GARDNER, Appellant, v. KENNETH F. MAE, Appellee, and BERTRAM GLADSTONE, Defendant.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

John C. Frank, of Wichita, argued the cause, and Tom Cunningham, of Wichita, was with him on the brief for the appellant.

H.W. Fanning, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson and Patrick F. Kelly, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This appeal is from an order of the trial court enjoining the plaintiff from taking the deposition testimony of a witness, not a party to the action, residing in the same county in which the action is pending.

The only purpose of the appeal is to determine whether the Supreme Court will alter its construction of the applicable provisions of the code of civil procedure concerning the taking...

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