GROSS v. VANLERBERG

No. 52,995

7 Kan. App. 2d 99 (1981)

638 P.2d 365

RANDAL PAUL GROSS, a minor, by his mother and next friend, MYRA GROSS, Appellant, v. RICHARD O. VANLERBERG, Appellee. Reversed , (1982).

Court of Appeals of Kansas.

Opinion filed December 17, 1981.


Attorney(s) appearing for the Case

John Ivan, of Shawnee Mission, Charles Rooney, Sr., of Topeka, and David L. Miller, of Shawnee Mission, for the appellant.

Hugh H. Kreamer and Marc A. Elster of Gardner, Davis, Kreamer, Norton, Hubbard & Ruzicka, Chartered, of Olathe, for the appellee.

Before ABBOTT, P.J., SPENCER and MEYER, JJ.


SPENCER, J.:

Issues presented in this cause are (1) whether a nonstatutory action commenced on behalf of a minor child to establish paternity of that child survives the death of the alleged father; and (2) whether summary judgment was properly entered.

This action was commenced November 29, 1977, by the mother and next friend of plaintiff, a child then ten years of age, seeking an adjudication that defendant was the natural father of plaintiff; that defendant...

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