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ZARDA v. STATE

No. 66,203

250 Kan. 364 (1992)

826 P.2d 1365

BERNARD A. ZARDA, SR., et al., Appellants, v. STATE OF KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed February 28, 1992.

Attorney(s) appearing for the Case

Raymond L. Dahlberg, of Niewald, Waldeck & Brown, of Overland Park, argued the cause, and Kenton C. Granger and Lisa A. Dunbar, of the same firm, of Kansas City, Missouri, John C. Frieden and Kevin M. Fowler, of Frieden, Haynes & Forbes, of Topeka, and James L. Ungerer, of Overland Park, were with him on the briefs for appellants.

William E. Waters, of Kansas Department of Revenue, argued the cause and was on the brief for appellee Kansas Department of Revenue.

LeeAnne Hays Gillaspie, of Johnson County Legal Department, argued the cause and was on the brief for appellee Board of County Commissioners. Johnson County, Kansas.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The plaintiffs appeal from the order of the district court dismissing their action for mandamus, an accounting, declaratory and injunctive relief, recovery of taxes paid together with interest, and recovery of costs, including attorney fees, under 42 U.S.C. § 1983 (1988). The plaintiffs filed this action as a class action on behalf of taxpayers whose motor vehicle registration month was any month...

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