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HUTCHINSON HUMAN RELATIONS COMM v. MIDLAND CREDIT MGMT.

No. 46,938

213 Kan. 308 (1973)

517 P.2d 158

HUTCHINSON HUMAN RELATIONS COMMISSION, Appellant, v. MIDLAND CREDIT MANAGEMENT, INC., Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

John A. Robinson, city attorney, argued the cause and was on the brief for the appellant.

Lane H. Cronhardt, of Hutchinson, argued the cause and was on the brief for the appellee.

David L. Ryan, of Topeka, argued the cause, and Vern Miller, attorney general, Charles S. Scott and Roger W. Lovett, both of Topeka, were with him on the brief for Kansas Commission on Civil Rights, National Association for the Advancement of Colored People, American G.I. Forum and Kansas Human Relations Association, amici curiae.

F. Duane Roberts and Joseph W. Zima, both of Topeka, were on the brief for State of Kansas, ex rel. Darrell D. Carlton, State Labor Commissioner, amicus curiae.

The opinion of the court was delivered by

FONTRON, J.:

This is an action for specific performance of a "conciliation agreement," an instrument prominently known in the field of civil rights. It is brought by the Hutchinson Human Relations Commission against Midland Credit Management, Inc. We shall refer to the parties as plaintiff or Commission, on the one hand, and defendant or Midland, on the other. During the pleading stage Midland filed a motion to dismiss...

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