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FANKHAUSER v. CITY OF EL DORADO

No. 45,381

203 Kan. 757 (1969)

457 P.2d 146

LOY FANKHAUSER and ROBERT NEUMAYER, Appellants, v. THE CITY OF EL DORADO, KANSAS, a Body Politic, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

Franklin D. Gaines, of Augusta, and Leonard F. Watkins, Jr., of El Dorado, were on the brief for appellants.

James B. McKay, Jr., City Attorney, was on the brief for appellee.

The opinion of the court was delivered by

FROMME, J.:

The plaintiffs filed a claim for relief to recover damages to an aircraft alleged to have been caused by faulty tiedowns at the municipal airport operated by the city of El Dorado, Kansas. The trial court sustained motions to dismiss both the original petition and an amended petition for the reason each failed to state a claim against the defendant city upon which...

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