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WHITEHEAD v. STATE OF KANSAS LABOR DEPARTMENT

No. 45,299

203 Kan. 159 (1969)

453 P.2d 11

EULALEE WHITEHEAD, Appellant, v. STATE OF KANSAS LABOR DEPARTMENT, JAMES G. WINN, R.F. OLBERDING, SID CALBERT of the Employment Security Board of Review, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1969.

Attorney(s) appearing for the Case

Elmer C. Jackson, Jr., of Kansas City, argued the cause, and Harry Hayward, of Kansas City, was with him on the brief for the appellant.

Marlin A. White, of Holton, argued the cause, and was on the brief for the appellees.

The opinion of the court was delivered by

O'CONNOR, J.:

The sole question for determination in this appeal is whether a nonresident claimant whose employment was in Kansas can maintain an action for judicial review against the employment security board of review under the provisions of K.S.A. [now K.S.A. 1968 Supp.] 44-709 (h), which provides:

"... Within ten days after the decision of the board has been mailed, any party aggrieved thereby...

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