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KENNEDY v. GRAY

No. 65418.

807 P.2d 670 (1991)

Arthur C. KENNEDY, Donald L. Davis, Ventrola Purnell, Russell Fears, Ulyses Prince, Allen White, Dorothy O. Mouton, Cecil D. Johnson, Nora Favors, Rose M. Johnson, Willie S. Robertson, and Lillian Harrington, Appellants, v. David L. GRAY, Henry J. Parker, Cunnie Randle, Harold Holmes, Woodrow McCoy, Cecilia Alexander, Vickie Dewick, and Ethel Davis, Appellees.

Supreme Court of Kansas.

March 15, 1991.

Attorney(s) appearing for the Case

David R. Nachman, Brown & Thiessen, P.C., argued the cause, and Thomas C. Brown and Gregory M. Garvin, Brown & Thiessen, P.C., Kansas City, Mo., and Eldon J. Shields, Gates & Clyde, Chartered, Overland Park, were with him on the briefs, for appellants.

John J. Jurcyk, Jr., McAnany, Van Cleave & Phillips, P.A., Kansas City, argued the cause, and Daniel F. Church, of the same firm, was with him on the brief, for appellees.

Michael K. Whitehead, Gen. Counsel, Christian Life Commission, Washington, D.C., and Timothy R. Brownlee, Shawnee, were on the brief, for amicus curiae The Christian Life Com'n of Southern Baptist Convention.

ABBOTT, Justice:

The trial court granted summary judgment in favor of the defendants and against the plaintiffs in a suit for an accounting of the financial affairs of an unincorporated, independent congregational church.

The trial court dismissed the suit because the plaintiffs, after the suit was filed, were expelled from membership in the church, and the trial court concluded they no longer had standing to maintain the suit. The trial court held it could...

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