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DUNN v. U.S.D. 367

No. 84,987.

30 Kan. App.2d 215 (2002)

40 P.3d 315

MICHAEL R. DUNN, Appellee, v. UNIFIED SCHOOL DISTRICT No. 367, MIAMI COUNTY, STATE OF KANSAS, Appellant, and TERRY RAY BALLOU, JR., Appellee, v. UNIFIED SCHOOL DISTRICT No. 367, OSAWATOMIE, MIAMI COUNTY, KANSAS, Appellant.

Court of Appeals of Kansas.

Opinion filed February 8, 2002.

Attorney(s) appearing for the Case

Steve R. Fabert, of Fisher, Patterson, Sayler & Smith, L.L.P., of Topeka, for appellant.

Donald W. Vasos and David A. Hoffman, of Vasos Law Offices, of Shawnee Mission, for appellee Michael R. Dunn.

Lee H. Tetwiler, of Law Office of Lee H. Tetwiler, of Paola, for appellee Terry Ray Ballou, Jr.

Before MARQUARDT, P.J., ELLIOTT, J., and PADDOCK, S.J.

ELLIOTT, J.:

Following jury trial, defendant Unified School District (U.S.D.) No. 367 appeals the judgment and the district court's denial of its motion for judgment as a matter of law or new trial. We affirm.

The factual background is straightforward and undisputed; the procedural background is somewhat muddled but manageable. On December 15, 1995, plaintiffs Michael R. Dunn and Terry Ray Ballou, Jr., seniors at Osawatomie High School, finished lunch early...

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