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LUMINOUS NEON, INC. v. PARSCALE

No. 67,374

17 Kan. App. 2d 241 (1992)

836 P.2d 1201

UMINOUS NEON, INC., Appellee, v. RITA M. PARSCALE and RAWHIDE ENTERPRISES OF KANSAS, INC., Appellants.

Court of Appeals of Kansas.

Opinion filed July 17, 1992.

Attorney(s) appearing for the Case

Dwight J. Parscale, of Topeka, for appellants.

Bradley D. Dillon, of Gilliland & Hayes, P.A., of Hutchinson, for appellee.

Before BRAZIL, P.J., ELLIOTT, J., and JOHN J. BUKATY, JR., District Judge, assigned.

BRAZIL, J.:

Rita M. Parscale and Rawhide Enterprises of Kansas, Inc., (Parscale) appeal from the district court's grant of summary judgment in favor of Luminous Neon, Inc. Luminous Neon filed suit against Parscale, seeking liquidated damages in accordance with a lease between the parties. On appeal, Parscale contends that the liquidated damages clause constitutes a penalty and is consequently unenforceable, the doctrine of impracticability should release her from...

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