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SCHIFFELBEIN v. SISTERS OF CHARITY OF LEAVENWORTH

No. 42,655

190 Kan. 278 (1962)

374 P.2d 42

CELESTINE P. SCHIFFELBEIN, Appellant, v. SISTERS OF CHARITY OF LEAVENWORTH, a Corporation, doing business as St. Francis Hospital, Appellee.

Supreme Court of Kansas.

Opinion filed August 28, 1962.

Attorney(s) appearing for the Case

Ralph E. Skoog, of Topeka, argued the cause and J.A. Dickinson, Sam A. Crow and Bill G. Honeymon, all of Topeka were with him on the briefs for the appellant.

Ralph W. Oman, of Topeka, argued the cause and Robert L. Webb, Philip E. Buzick, William B. McElhenny, James D. Waugh, James L. Grimes, Jr., Donald J. Horttor and James L. Berglund, all of Topeka, were with him on the briefs for the appellee and cross appellant.

The opinion of the court was delivered by

JACKSON, J.:

This appeal is one from the order of the trial court sustaining the defendant's demurrer to the plaintiff's second amended petition and rendering judgment for the defendant for its costs.

The appellant filed his petition in the district court of Shawnee county against the Sisters of Charity of Leavenworth and St. Francis Hospital. The plaintiff seeks to recover the sum of $122,000.00 from

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