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ROBERTSON v. McCUNE

No. 45,736

205 Kan. 696 (1970)

472 P.2d 215

DAVID V. ROBERTSON, JR., Appellant, v. LLOYD McCUNE, VICTOR V. THOMAS, OTIS R. ELLIOTT, CARL L. LOVE, WILLIAM H. WALL, and RILEY WINKLER, the duly elected and acting members of the Board of Education of Montezuma Unified School District No. 371, Gray County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 17, 1970.

Attorney(s) appearing for the Case

Thomas C. Boone, of Hays, argued the cause and was on the brief for the appellant.

Dale M. Stucky, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Donald L. Newkirk, of the same firm, and Donald C. Smith, of Mitchell, Smith and Patton, of Dodge City, were with him on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

Plaintiff-appellant brought this action on his written contract of employment as a teacher against defendants-appellees.

Defendants, pursuant to K.S.A. 60-212 (b), [now 1969 Supp.], filed a motion to dismiss the action on the ground that the petition failed to state a claim upon which relief could be granted. The motion was sustained and this appeal ensued.

In his petition plaintiff...

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