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STEELE v. LATIMER

No. 47,141

214 Kan. 329 (1974)

521 P.2d 304

SHIRLEY STEELE, and RORY STEELE, RENEE STEELE, ROLLAND STEELE, CARI STEELE, LAVANCE STEELE, Minors, by and through their Mother and next friend, Appellants, v. MARVIN E. LATIMER, Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Patrick F. Kelly, of Render, Kamas & Kelly, of Wichita, and Stephen J. Blaylock, also of Wichita, argued the cause, and R. Michael Jennings, of Wichita, was with them on the brief for the appellants.

Brian E. Sullivan, of Adams, Jones, Robinson and Malone, Chartered, of Wichita, argued the cause, and Clifford L. Malone, of the same firm, was with him on the brief for the appellee.

Vern Miller, attorney general, Lance W. Burr and William H. Ward, assistant attorneys general, were on the brief of amicus curiae.

The opinion of the court was delivered by

FONTRON, J.:

Shirley Steele brings this action on behalf of herself and her six young children against Marvin E. Latimer, their landlord, seeking to recover rent paid, to recover damages and to enjoin violation of the Wichita Housing Code. We shall refer to the parties either as plaintiffs and defendant, or by name.

The trial court, hearing the case without a jury, ruled that Shirley Steele was the only proper...

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