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BROWN v. WICHITA STATE UNIVERSITY

No. 47,363

217 Kan. 279 (1975)

540 P.2d 66

MARVIN G. BROWN, SR., et al., Appellants, v. WICHITA STATE UNIVERSITY, et al., Appellees. MIKE BRUCE, et al., Appellants, v. WICHITA STATE UNIVERSITY, et al., Appellees. HALLIE EUGENIA ROBINSON, Individually and as the Administratrix of the Estate of Eugene Robinson, et al., Appellants, v. WICHITA STATE UNIVERSITY, et al., Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1975.

Attorney(s) appearing for the Case

John W. Norman, of Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, of Oklahoma City, Oklahoma, argued the cause, and Ronald D. Heck, of McDonald, Tinker, Skaer, Quinn & Herrington, of Wichita, and David W. Kennedy, of Greene & Kennedy, of Wichita, were with him on the brief for appellants.

Paul Swartz, of Martin, Pringle, Schell & Fair, of Wichita, argued the cause, and J. Taylor Neuschwander of the same firm was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from an order of the district court sustaining the defendant-appellee Wichita State University's motion for summary judgment.

The appeal arises out of the crash of a chartered aircraft carrying members of the 1970 Wichita State University football team, members of the faculty and university supporters. The plaintiffs — the appellants — are either surviving passengers...

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