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CONNOLLY v. FROBENIUS

No. 49,125

2 Kan. App. 2d 18 (1978)

574 P.2d 971

MAURICE R. CONNOLLY and JAMES L. GEISENDORF, on behalf of themselves and all others similarly situated, Appellees, v. ROBERT F. FROBENIUS, individually and as president of The Union Cemeteries Association, and Union Cemeteries Association, Inc., and as incorporator and president of Roselawn Service Company, Inc.; UNION CEMETERIES ASSOCIATION, INC.; ROSELAWN SERVICE COMPANY, INC.; and THE UNION CEMETERIES ASSOCIATION, Appellants.

Court of Appeals of Kansas.

Opinion filed January 13, 1978.

Attorney(s) appearing for the Case

Aubrey G. Linville and Bruce Keplinger of Clark, Mize & Linville, Chartered, of Salina, for the appellants.

John Q. Royce of Hampton, Royce, Engleman & Nelson, of Salina, for the appellees.

Before HARMAN, C.J., ABBOTT and SPENCER, JJ.

Petition for review denied 223 Kan. clxxi.

SPENCER, J.:

The named plaintiffs, as owners of lots and graves in the cemetery operated by the Union Cemeteries Association, Inc., Salina, Kansas, and as owners of crypts in the Mausoleum Williamsburg located in that cemetery, commenced this class action on behalf of themselves and all other persons similarly situated to permanently enjoin the construction and operation...

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