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EATON v. JOHNSTON

No. 55,271

235 Kan. 323 (1984)

681 P.2d 606

JODIE E. EATON, formerly JODIE E. JOHNSTON, Appellee, v. BILLIE WAYNE JOHNSTON, Appellant.

Supreme Court of Kansas.

Opinion filed April 27, 1984.

Attorney(s) appearing for the Case

Lester A. Holloway, of Wichita, was on the brief for appellant.

Stephen B. Plummer, of Rumsey, Richey & Plummer, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action in which defendant Billie Wayne Johnston has appealed from the district court's determination that a common law marriage between defendant and plaintiff Jodie E. Johnston (now Eaton) did not exist and the court's refusal to consider a division of property. The Court of Appeals heard the appeal and affirmed the district court's judgment as to the nonexistence of a common law marriage...

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