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BURRISS v. NORTHERN ASSURANCE CO. OF AMERICA

No. 56,331

236 Kan. 326 (1984)

691 P.2d 10

JOSEPHINE BURRISS, Appellee, v. NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court of Kansas.

Opinion filed November 30, 1984.

Attorney(s) appearing for the Case

Paul Hasty, Jr., of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause, and David K. Knowles, of the same firm, was with him on the brief for appellant.

David P. Troup, of Weary, Davis, Henry, Struebing & Troup, of Junction City, argued the cause and was on the brief for appellee.

L.M. Cornish and Richard Harmon, of Glenn, Cornish, Hanson & Karns, Chartered, of Topeka, were on the brief for amicus curiae Kansas Association of Property and Casualty Insurance Companies, Inc.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the defendant, Northern Assurance Company of America, from a judgment of the District Court of Johnson County, finding two provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 40-3103(l) and (y), unconstitutional and entering judgment for the plaintiff, Josephine Burriss. The determinative question on appeal is the constitutionality of the statute.

The facts are...

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