HULME v. WOLESLAGEL

No. 46,536

208 Kan. 385 (1972)

493 P.2d 541

CHARLES HULME, d/b/a CHARLES HULME CONSTRUCTION COMPANY, Plaintiff, v. FREDERICK WOLESLAGEL, Judge, TWENTIETH JUDICIAL DISTRICT, DIVISION 1, Defendant.

Supreme Court of Kansas.

Opinion filed January 5, 1972.


Attorney(s) appearing for the Case

J. Eugene Balloun, of Turner & Balloun, Chartered, of Great Bend, argued the cause, and Lee Turner and Mary A. Senner of the same firm were with him on the brief for the plaintiff.

Edward G. Collister, Jr., assistant attorney general, argued the cause and Vern Miller, attorney general, was with him on the brief for the defendant.

On the brief amici curiae were: Larry Keenan, Jerry M. Ward, John M. Russell, Robert E. Southern, Hugh D. Mauch, William H. Pringle and Nuss, Pringle, Kaufman and Nuss, M. John Carpenter, Loyd H. Phillips, Brock R. McPherson, and Donald H. Humphreys, all of Great Bend; Marvin Thompson, Robert L. Earnest, Rex L. Culley, and Woelk and Culley, and Michael S. Holland, all of Russell; Dennis L. Bieker and Dreiling and Bieker of Hays; Jack N. Stewart and Hampton, Royce, Engleman and Nelson, of Salina.


The opinion of the court was delivered by

HARMAN, C.:

This is an original proceeding in mandamus brought by plaintiff requesting that this court order defendant, administrative judge of the Twentieth Judicial District of Kansas, Division One, to disqualify himself pursuant to Section 3, Chapter 198, Laws 1971 (now K.S.A. 1971 Supp. 20-311d, et seq.).

Certain facts forming the background of this proceeding, which are not in dispute, may be gleaned...

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