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STATE EX REL. STEPHAN v. WOLFENBARGER & McCULLEY, P.A.

No. 56,144

236 Kan. 183 (1984)

690 P.2d 380

STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, Attorney General, Appellee, v. WOLFENBARGER and McCULLEY, P.A., Appellant, and LATIMER, MILLER, SOMMERS AND WALLACE, P.A., and ROBERT D. MILLER.

Supreme Court of Kansas.

Opinion filed October 26, 1984.

Attorney(s) appearing for the Case

Herbert A. Marshall, of Marshall, Hawks, Hendrix, Schenk and Nichols, of Topeka, argued the cause and Robert J. Perry, of the same firm, was with him on the brief for the appellant.

Dan Biles, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is a suit against Wolfenbarger and McCulley, P.A., for the negligent design of the ventilation system of the clinical science and pathology building at Kansas State University (KSU), Manhattan.

The State of Kansas desired to construct a veterinary medicine complex at KSU. The work was divided into three phases. Phase I was the comparative medical science building. Phase II was

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