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BROWN v. WICHITA STATE UNIVERSITY, P.E.C., INC.

No. 47,706

217 Kan. 661 (1975)

538 P.2d 713

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, PHYSICAL EDUCATION CORPORATION, INC., Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 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.

Wayne Coulson, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause and was 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 a motion for summary judgment.

The controversy arises from the crash of a chartered aircraft carrying members of the 1970 Wichita State University football team, members of the faculty and university supporters. The plaintiff-appellants are either surviving passengers or personal representatives of those killed in the crash. Defendant...

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