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CAPLINGER v. CARTER

No. 55,455

9 Kan. App. 2d 287 (1984)

676 P.2d 1300

JAMES CAPLINGER, SR., and JAMES CAPLINGER, JR., Appellants, v. CHARLES R. CARTER, III, THOMAS HREN, PHIL TALIAFERRO, FRED HOWARD, and THE CITY OF TOPEKA, Appellees.

Court of Appeals of Kansas.

Opinion filed February 2, 1984.

Attorney(s) appearing for the Case

Charles D. McAtee and Anne L. Baker of Eidson, Lewis, Porter & Haynes, of Topeka, for appellants.

Wilburn Dillon, Jr., of Topeka, for appellees Charles R. Carter, III, Phil Taliaferro and Thomas Hren.

Robert E. Duncan, II, of Topeka, for appellee City of Topeka.

George E. Erickson, Jr., of Topeka, for appellee Fred Howard.

Before SPENCER, P.J., JEROME HARMAN, C.J. Retired, assigned, and STEVEN P. FLOOD, District Judge, assigned.

Petition for review denied 235 Kan. 1041.

FLOOD, J.:

This is an appeal from the trial court's failure to rule on plaintiffs' (James Caplinger, Sr., and James Caplinger, Jr.) motion to dismiss and the granting of a motion for summary judgment in favor of all defendants.

When summary judgment is challenged on appeal, we must read the record in the light most favorable to the party who defended against the motion. McAlister v. Atlantic Richfield Co...

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