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ROBINSON v. McBRIDE BLDG. CO.

No. 66,243

16 Kan. App. 2d 120 (1991)

818 P.2d 1184

MARK E. ROBINSON, Appellant, v. McBRIDE BUILDING COMPANY, INC., A Kansas Corporation, and MAX RIEKE BROTHERS, INC., A Kansas Corporation, Appellees, and RIEKE CONCRETE SYSTEMS, INC., A Kansas Corporation, Defendant.

Court of Appeals of Kansas.

Opinion filed October 11, 1991.

Attorney(s) appearing for the Case

Leland F. Dempsey, of Dempsey & Kingsland, P.C., of Kansas City, Missouri, and Gregory D. Bangs, of Overland Park, for appellant.

Thomas D. Billam, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, for appellee McBride Building Company, Inc.

Ronald D. Montieth, of Knipmeyer, McCann, Smith, Manz & Gotfredson, of Kansas City, Missouri, for appellee Max Rieke & Brothers, Inc.

Before RULON, P.J., GERNON, J., and PAUL E. MILLER, District Judge, assigned.

GERNON, J.:

Mark E. Robinson appeals the denial of his motion for a new trial. The issue on appeal is whether the trial court erred by allowing peremptory challenges to remove the only three black jurors from the jury panel in this civil case.

The facts are not in dispute. Mark Robinson, then age five, was injured while playing ball in his backyard. Robinson chased after a ball and fell headfirst into an excavation...

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