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MITCHELL v. WILTFONG

No. 50,434

4 Kan. App. 2d 231 (1979)

604 P.2d 79

DENNIS E. MITCHELL, a Minor, by and Through LINDA LOU MITCHELL, His Mother and Next Friend, and DENNIS EDWARD MITCHELL, and LINDA LOU MITCHELL, Individually, Appellants, v. JAMES WILTFONG and LINDA WILTFONG, Appellees.

Court of Appeals of Kansas.

Opinion filed December 28, 1979.

Attorney(s) appearing for the Case

Laurence M. Jarvis, of Kansas City, for the appellants.

W. Fredrick Zimmerman, of Thompson, Duckers & Verbanic, of Kansas City, for the appellees.

Before FOTH, C.J., SPENCER and PARKS, JJ.

FOTH, C.J.:

Mr. and Mrs. Dennis Mitchell brought this action on behalf of themselves and their son, Dennis, Jr., against a neighbor couple, Mr. and Mrs. James Wiltfong. All three plaintiffs claimed damages resulting from defendants' nine-year-old son. The trial court dismissed the petition under K.S.A. 60-212(b)(6) for failure to state a claim on which relief could be granted. Plaintiffs appeal.

The petition in the first three paragraphs stated the...

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