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ARMSTRONG v. CITY OF SALINA

No. 46,563

211 Kan. 333 (1973)

507 P.2d 323

KEITH ARMSTRONG, JACK GRAY and JAMES R. MARTIN, Appellants, v. CITY OF SALINA, KANSAS, and NORRIS OLSON [City Manager], Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Charles C. Shafer, of Kansas City, Missouri, argued the cause, and John E. Royston, of Kansas City, was with him on the brief for the appellants.

H.R. Kuhn, of Wichita, argued the cause, and L.O. Bengtson and James P. Mize, both of Salina, were with him on the brief for the appellees.

The opinion of the court was delivered by

KAUL, J.:

This is an action in mandamus instituted by the appellants, three fire fighters, who were formerly employees of the City of Salina. The petition consists of three counts. In count one appellant Gray alleged that defendants, City of Salina and city manager, Norris Olson, discharged him and required him to seek early retirement on or about October 16, 1970, all because...

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