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HENDERSON v. RIPPERGER

No. 49,720

3 Kan. App. 2d 303 (1979)

594 P.2d 251

CLEMON W. HENDERSON, JR., Appellant, v. DWAYNE M. RIPPERGER d/b/a EASTBORO PHARMACY, Appellee.

Court of Appeals of Kansas.

Opinion filed May 4, 1979.

Attorney(s) appearing for the Case

Fred W. Phelps, Jr., of Fred W. Phelps — Chartered, of Topeka, for appellant.

James P. Nordstrom, of Fisher, Patterson, Sayler & Smith, of Topeka, for appellee.

Before ABBOTT, P.J., REES and MEYER, JJ.

REES, J.:

Plaintiff appeals from an adverse order of summary judgment entered in his action against defendant.

The material portion of plaintiff's petition, that which sets forth his short and plain statement of the claim showing his entitlement to relief (see K.S.A. 60-208), was as follows:

"1. On March 12, 1977, in Shawnee County, Kansas, plaintiff was a business invitee at defendant's lunch counter at 3154 E. 6th Avenue, Topeka, Kansas, ate breakfast...

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