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BEGGERLY v. WALKER

No. 43,826

194 Kan. 61 (1964)

397 P.2d 395

WALTER E. BEGGERLY, Appellant, v. CECIL WALKER, BILL DAVIS, EARL WEST, PARSONS AERIE No. 411, Parsons Kansas, Subordinate Lodge of the Fraternal Order of the Eagles, and HARRY A. ABNEY, RALPH CAMPBELL and GUY MULLEN, Trustees of PARSONS AERIE No. 411, Parsons, Kansas, Subordinate Lodge of the Fraternal Order of the Eagles, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Charles F. Forsyth, of Erie, argued the cause, and Clark M. Fleming, of Erie, was with him on the briefs for the appellant.

Glenn Jones and A.L. Foster, both of Parsons, argued the cause, and were on the briefs for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

This is an action brought by the plaintiff to recover for damages sustained as a result of an alleged assault and battery. So for as material to the questions raised on this appeal, the amended petition reads as follows:

"3. That at all times mentioned hereinafter, the defendant Bill Davis was a member, agent and employee of the Parsons Aerie No. 411,...

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