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HENRE v. BOARD OF EDUCATION

No. 45,003

201 Kan. 251 (1968)

440 P.2d 606

MERLE R. HENRE, Appellant, v. THE BOARD OF EDUCATION OF THE CITY OF KANSAS CITY OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1968.

Attorney(s) appearing for the Case

Chas. F. Burkin, Jr., of Kansas City, argued the cause, and was on the brief for the appellant.

Robert H. Foerschler, of Kansas City, argued the cause, and Willard L. Phillips, Patrick B. McAnany, Thomas M. Van Cleave, Jr., James J. Lysaught, John J. Jurcyk, Jr., Bill E. Fabian, Robert E. Fabian, and Robert D. Benham, of Kansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is a declaratory judgment action brought by the plaintiff (appellant), Merle R. Henre, against the defendant (appellee). Board of Education of Kansas City, to determine the propriety of the defendant's reducing annuity payments due the plaintiff under the public school employees' retirement act (G.S. 1949 [now K.S.A.] 72-1758, et seq.).

The actual controversy between the parties is...

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