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U.S.D. NO. 259 v. KANSAS-NATIONAL EDUCATION ASS'N

No. 57,843

239 Kan. 76 (1986)

716 P.2d 571

BOARD OF EDUCATION UNIFIED SCHOOL DISTRICT No. 259 SEDGWICK COUNTY, KANSAS, Appellee, v. KANSAS-NATIONAL EDUCATION ASSOCIATION and NATIONAL EDUCATION ASSOCIATION-WICHITA, Appellants.

Supreme Court of Kansas.

Opinion filed March 28, 1986.

Attorney(s) appearing for the Case

David M. Schauner, of Topeka, argued the cause and was on the brief for appellants.

William H. Dye, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Wyatt M. Wright, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is a declaratory judgment action brought by the Board of Education of Unified School District No. 259 (USD 259 or Board) against Kansas-National Education Association (K-NEA) and National Education Association-Wichita (NEA-W). K-NEA and NEA-W appeal from a judgment in favor of USD 259.

This dispute arose as a result of a $354,839.83 divisible surplus (refund) paid by Blue Cross and Blue Shield...

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