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HARTON v. SPERRY

No. 69,739

19 Kan. App. 2d 259 (1993)

869 P.2d 752

KENNETH HARTON, Appellant, v. O.D. SPERRY, an individual, and DONNA WHITEMAN, Secretary of the Department of Social and Rehabilitation Services, Appellees.

Court of Appeals of Kansas.

Opinion filed November 24, 1993.

Attorney(s) appearing for the Case

Brad E. Avery, of Topeka, for appellant.

Kenneth R. Smith, of Kansas Department of Social and Rehabilitation Services, of Topeka, for appellees.

Before LARSON, P.J., ELLIOTT and PIERRON, JJ.

ELLIOTT, J.:

Kenneth Harton appeals the trial court's grant of summary judgment in this 42 U.S.C. § 1983 (1988) action. Harton and Herbert Hickman sued O.D. Sperry, their appointing authority, and the former and present secretaries of the Kansas Department of Social and Rehabilitation Services (SRS) after their classified positions were reallocated following a departmental reorganization. As a result of the reallocation, their salaries and retirement benefits...

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