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HICKEY v. KANSAS CORPORATION COMM'N

No. 61,377

244 Kan. 71 (1988)

765 P.2d 1108

MERLE D. HICKEY, et al., Appellants/Cross-Appellees, v. STATE OF KANSAS, KANSAS CORPORATION COMMISSION, Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed December 9, 1988.

Attorney(s) appearing for the Case

Pantaleon Florez, Jr., of Irigonegaray, Eye & Florez, of Topeka, argued the cause and was on the briefs for appellants/cross-appellees.

Wm. Scott Hesse, assistant general counsel, argued the cause, and Frank A. Caro, Jr., general counsel, and Dana A. Bradbury, assistant general counsel, were with him on the briefs for appellee/cross-appellant.

The opinion of the court was delivered by

HOLMES, J.:

This is a class action in which plaintiffs sought additional compensation for hours during which they were assigned to handle telephone inquiries from their homes on behalf of the Kansas Corporation Commission (KCC). Following judgment in the trial court, the plaintiff class filed this appeal and the KCC filed a cross-appeal. We reverse.

The controlling facts are not disputed by the parties. The...

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