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CANSLER v. STATE

No. 55,599

234 Kan. 554 (1984)

675 P.2d 57

DOUGLAS E. CANSLER, Plaintiff-Appellant, v. STATE OF KANSAS and KANSAS STATE PENITENTIARY, Defendants-Appellants, v. THE SHERIFF OF LEAVENWORTH COUNTY, KANSAS; THE LEAVENWORTH COUNTY SHERIFF'S DEPARTMENT; and BOARD OF COUNTY COMMISSIONERS OF LEAVENWORTH COUNTY, KANSAS, Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed January 5, 1984.

Attorney(s) appearing for the Case

Charles D. Kugler, of Vasos, Kugler & Dickerson, of Kansas City, argued the cause, and Thomas E. Osborn, of Corson & Osborn, P.A., of Kansas City, was with him on the briefs for plaintiff-appellant.

Steven D. Treaster, staff attorney, Kansas Department of Corrections, argued the cause, and Charles E. Simmons, chief legal counsel, Kansas Department of Corrections, was with him on the brief for defendants-appellants.

Leo L. Logan, of Boddington & Brown, of Kansas City, argued the cause and was on the brief for defendants-appellees.

The opinion of the court was delivered by

MILLER, J.:

We are presented in this case with interlocutory appeals by the plaintiff, Douglas E. Cansler, and by the defendant State of Kansas, in this personal injury action filed pursuant to the Kansas Tort Claims Act, K.S.A. 1981 Supp. 75-6101 et seq. Named defendants are the State of Kansas and the Kansas State Penitentiary, to whom we shall refer collectively as the State; and the Sheriff of Leavenworth...

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