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SHANK v. PEABODY COOPERATIVE EQUITY EXCHANGE

No. 41,801

186 Kan. 648 (1960)

352 P.2d 41

Ernest Shank, Surviving Father and next of kin of Alex Joe Shank (Revived in the name of JOSEPH E. BROCK, Administrator of the Estate of Ernest Shank, Deceased), Appellant, v. THE PEABODY COOPERATIVE EQUITY EXCHANGE, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 14, 1960.

Attorney(s) appearing for the Case

Enos E. Hook, of Wichita, argued the cause, and Sidney L. Foulston; John H. Gerety; and Sidney L. Foulston, Jr., all of Wichita, were with him on the briefs for the appellant.

John F. Hayes, of Hutchinson, argued the cause, and Robert J. Gilliland; and C.W. Miller, both of Hutchinson, and David W. Wheeler; and Edwin G. Westerhaus, both of Marion, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

Ernest Shank of Peabody brought this action for damages for the wrongful death of his minor son against the Peabody Cooperative Equity Exchange, a Corporation, doing business in that city, and perfected an appeal to this court from an order and judgment of the district court of Marion County sustaining a demurrer to his amended petition.

Sometime after perfecting his appeal Ernest died intestate...

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