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AMERICARE PROPERTIES, INC. v. S.R.S.

No. 60,044

241 Kan. 607 (1987)

738 P.2d 450

AMERICARE PROPERTIES, INC., d/b/a RUSSELL KARE CENTER and ALAFERN NURSING HOME, Appellees, v. STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, Appellant.

Supreme Court of Kansas.

Opinion filed June 12, 1987.

Attorney(s) appearing for the Case

Michael George, chief litigation counsel, argued the cause, and Bruce A. Roby, of State Department of Social and Rehabilitation Services, was on the briefs for the appellant.

Eugene T. Hackler, of Hackler, Londerholm, Corder, Martin & Hackler, Chartered, of Olathe, argued the cause and was on the briefs for the appellees.

Frank W. Layman, of Topeka, was on the amicus curiae brief for the Kansas Department of Health and Environment.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the State Department of Social and Rehabilitation Services (SRS) from an order of the Shawnee County District Court granting judgment to the plaintiff, Americare Properties, Inc., d/b/a Russell Kare Center and AlaFern Nursing Home, in the amount of $106,928.29, plus interest, costs, and attorney fees. Appeal was timely, and the case was transferred...

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