WHELAN'S INC. v. KANSAS DEPT. OF HUMAN RESOURCES

No. 55,748

235 Kan. 425 (1984)

681 P.2d 621

WHELAN'S, INC., and VERNON JARBOE, and individual, Appellees, v. KANSAS DEPARTMENT OF HUMAN RESOURCES, et al., Appellants, and WILLIAM F. ABBOTT, et al., Intervenors/Appellants.

Supreme Court of Kansas.

Opinion filed April 27, 1984.


Attorney(s) appearing for the Case

Arnold Berman, chief counsel, argued the cause and was on the brief for the appellants Kansas Department of Human Resources, et al.

Thomas H. Marshall, of Blake and Uhlig, P.A., of Kansas City, argued the cause and was on the brief for intervenors/appellants William F. Abbott, et al.

Richard D. Anderson, of Colmery, McClure, Letourneau, Entz & Merriam, P.A., of Topeka, argued the cause and was on the brief for the appellees.


The opinion of the court was delivered by

HERD, J.:

This is an appeal by the Kansas Department of Human Resources (KDHR) from a decision of the Shawnee County District Court enjoining the KDHR from proceeding under a wage claim made pursuant to K.S.A. 44-313 et seq., on the theory that the KDHR action is preempted by the action of the National Labor Relations Board (NLRB).

Appellee Whelan's, Inc. is a company doing business in the State of Kansas...

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