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PECENKA v. ALQUEST

No. 53,931

232 Kan. 97 (1982)

652 P.2d 679

FRANK PECENKA and NEWTON T. STEWART, Appellants, v. JOHN W. ALQUEST, NORMAN HANSON, W. VAN ALEXANDER and ROBERT C. HARDER, in their individual capacities as employees of the State of Kansas, THE STATE OF KANSAS, and THE KANSAS STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellees.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

Jim Lawing, of Wichita, argued the cause and was on the brief for the appellants.

Robert R. Hiller, Jr., of Wichita, argued the cause and was on the brief for John W. Alquest, W. Van Alexander, Robert C. Harder, and the Kansas State Department of Social and Rehabilitation Services, appellees.

Reid Stacey, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for Norman Hanson and the State of Kansas, appellees.

The opinion of the court was delivered by

HARRY G. MILLER, District Judge Retired:

The plaintiffs have appealed from an order of the district court dismissing plaintiffs' amended petition for failure to state a cause of action.

The controversy here is a sequel to the decision of the Court of Appeals in Pecenka v. Alquest, 6 Kan.App.2d 26, 626 P.2d 802, rev. denied...

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