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MELLIES v. MELLIES

No. 65,038

249 Kan. 28 (1991)

815 P.2d 114

ADAM MELLIES, Appellee, v. ARTHUR MELLIES, Appellant.

Supreme Court of Kansas.

Opinion filed July 12, 1991.

Attorney(s) appearing for the Case

Dennis A. White, of Holton, argued the cause, and Jan M. Hamilton, of Hamilton, Peterson, Tipton & Keeshan, of Topeka, was with him on the brief for appellant.

Jeffrey W. Jones, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause, and Gary E. Laughlin, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by Adam Mellies against his father, Arthur Mellies, seeking recovery of social security benefits received as a result of the death of Marsha Mellies, mother of Adam and wife of Arthur. A counterclaim was filed by Arthur seeking damages from a 1986 incident wherein Adam shot his stepmother, stepbrother, and father — the stepbrother having died from his injuries. The district court...

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