WINTERS v. KANSAS HOSPITAL SERVICE ASS'N, INC.

No. 48,324

1 Kan. App. 2d 64 (1977)

562 P.2d 98

RODGER E. WINTERS, INDIVIDUALLY AND FOR ALL OTHERS SIMILARLY SITUATED, Appellants, v. KANSAS HOSPITAL SERVICE ASSOCIATION, INC., a/k/a BLUE CROSS, STORMONT-VAIL HOSPITAL, ST. FRANCIS HOSPITAL, and DOES 1 through 167, Appellees.

Court of Appeals of Kansas.

Opinion filed March 4, 1977.


Attorney(s) appearing for the Case

Fred W. Phelps, Chartered, of Topeka, and Arnold Levin, of Adler, Barish, Daniels, Levin and Creskoff, of Philadelphia, Pa., for appellants.

Arthur E. Palmer and Harold S. Youngentob, of Goodell, Casey, Briman & Cogswell, of Topeka, for appellees, Kansas Hospital Service Association, Inc. and Stormont-Vail Hospital.

William R. Brady, of Topeka, for appellee, St. Francis Hospital.


REES, J.:

This is an action for recovery of payments, treble damages, injunctive relief, and attorney fees under the Kansas antitrust laws (K.S.A. 50-101 et seq.), and for declaratory judgment. The amended petition alleges that the claims are asserted by the named plaintiff, Winters, individually and as representative of a purported class. This is an appeal from trial court denial of certification as a class action and entry of summary judgment in favor of...

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