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WILL v. CITY OF HERINGTON

No. 45,679

205 Kan. 422 (1970)

469 P.2d 256

MARVIN WILL, Appellant, v. CITY OF HERINGTON, KANSAS, (JOHN A. NAGELY, Mayor; D.C. MEULI, Commissioner of Finance & Revenue; LESTER B. BEAMES, Commissioner of Streets & Public Utilities) Appellee.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

John F. Christner, of Abilene, argued the cause and was on the brief for the appellant.

Thomas J. Butler, Jr., of Herington, and Edwin G. Westerhaus, of Marion, argued the cause and were on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

In this mandamus proceeding plaintiff sought restoration to public office and damages for discharge from the office. He appeals from summary judgment rendered against him.

The proceeding is a sequel to Will v. City of Herington, 201 Kan. 627, 443 P.2d 667, involving the same parties, which must be briefly reviewed for proper...

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