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PARK SOUTH APTS. v. DIBBERN

No. 52,315

228 Kan. 784 (1980)

620 P.2d 827

ROBERT E. ESREY AND COMPANY, A Missouri Corporation Doing Business As PARK SOUTH APARTMENTS, Appellant, v. FLOYD H. DIBBERN, State Fire Marshal, and EDWARD C. REDMON, As Successor To FLOYD H. DIBBERN, State Fire Marshal, Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1980.

Attorney(s) appearing for the Case

Ernest Vincent Pease, Jr., of Pease and Lewis, of Topeka, argued the cause and Michael L. Lewis, of the same firm, was with him on the brief for appellant.

Bruce E. Miller, deputy attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

Robert E. Esrey and Company d/b/a Park South Apartments appeals from a Shawnee County District Court decision which upheld an order of the defendant Floyd H. Dibbern requiring certain doors to be replaced in the Park South Apartment complex in Topeka. Mr. Dibbern was the state fire marshal at the time and the order was issued by him in that capacity. The order directed that the sliding glass doors in four...

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