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TIMMERMEYER v. BRACK

No. 44,369

196 Kan. 481 (1966)

412 P.2d 984

CLARENCE H. TIMMERMEYER, Appellant, v. DERRYL BRACK, d/b/a LEGION CLUB, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1966.

Attorney(s) appearing for the Case

Gerald L. Michaud, of Wichita, argued the cause, and Russell Cranmer, Orval L. Fisher and M. William Syrios, of Wichita, were with him on the briefs for appellant.

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Gerald Sawatzky, Donald L. Cordes, Robert L. Howard, Charles J. Woodin, Mikel L. Stout, Ronald K. Badger, Benjamin C. Langel and Phillip S. Frick, all of Wichita, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from a summary judgment in an action for damages for personal injuries brought against the operator of a private club by a paying guest.

The facts necessary for the determination of the limited issue before us may be briefly stated.

The defendant, Derryl Brack, was the operator of the Legion Club located on George Washington Boulevard in Wichita, Kansas.

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