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ANTONELLO v. WUNSCH

No. 73-1835.

500 F.2d 1260 (1974)

Joseph ANTONELLO, Jr., Plaintiff-Appellant, v. Paul WUNSCH et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 17, 1974.

Attorney(s) appearing for the Case

Lawrence H. Pelofsky, Kansas City, Mo. (Joseph N. Miniace, Joel Pelofsky, and A. J. Gorelick, Kansas City, Mo., on the brief), for plaintiff-appellant.

Wesley A. Weathers, Topeka, Kan. (Crane, Martin, Claussen, Hamilton & Barry, Topeka, Kan., Larry L. McMullen, and Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., on the brief), for defendants-appellees.

Before LEWIS, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

This case concerns the constitutional validity of efforts of the Kansas Supreme Court to prospectively abrogate governmental immunity for negligence as that doctrine applies to proprietary activities by the state or its agencies. Before considering the facts of the instant case, reference will first be made to Carroll v. Kittle, 203 Kan. 841, 457 P.2d 21 (1969), which abolished...

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