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BOCKHAUS v. CITY OF HALSTEAD

No. 60,547

242 Kan. 504 (1988)

748 P.2d 870

ARTHUR BOCKHAUS; THERESA BOCKHAUS; RICHARD E. THRASHER; BILL MAYFIELD; RUTH A. MAYFIELD; LOY DILLMAN; FLORA H. DILLMAN; OMRI P. MANRING; and HAZEL MANRING, Appellants, v. CITY OF HALSTEAD, KANSAS; DOREL NEUFELD; RICHARD O. PIKE; CARL R. SHEFFLER, JR.; JOHN E. TALBOTT; FRANK WHITESELL; WILLIAM D. LUCHT; DONALD W. OSENBAUGH; ALICE CONSIDINE; and MIKE HAYDEN, Appellees.

Supreme Court of Kansas.

Opinion filed January 15, 1988.

Attorney(s) appearing for the Case

L.H. Goossen, of Newton, argued the cause and was on the brief for appellants.

Steve Kerwick, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, argued the cause, and Jerry G. Elliott, of the same firm, and Larry R. Baer, of Ice, Turner & Ice, of Newton, were on the brief for appellees.

Mary P. Wettig, assistant attorney general, and Robert T. Stephan, attorney general, were on the brief for appellee Mike Hayden.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the plaintiffs from an order of the district court granting summary judgment in favor of the defendants in an action seeking a declaratory judgment setting aside the certification of the City of Halstead, Kansas, as a second-class city and to enjoin the city officials from taking any action as a second-class city. The appellants are citizens...

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