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LINDENMAN v. UMSCHEID

No. 69,110

255 Kan. 610 (1994)

875 P.2d 964

FLOYD E. LINDENMAN, ELAINE LINDENMAN, and WOOD HAVEN SCHOOLS, INC. Appellants/Cross-Appellees, v. SAM UMSCHEID; KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT and STANLEY C. GRANT, PhD., SECRETARY; KANSAS CITY-WYANDOTTE COUNTY DEPARTMENT OF HEALTH and DARRELL D. NEWKIRK, DIRECTOR; and WYANDOTTE COUNTY BOARD OF COUNTY COMMISSIONERS, Appellees, and THE CITY OF KANSAS CITY, KANSAS, Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed June 3, 1994.

Attorney(s) appearing for the Case

John H. Fields, of Carson & Fields, of Kansas City, argued the cause and was on the briefs for appellants.

Marvin G. Stottlemire, of Kansas Department of Health and Environment, argued the cause and was on the brief for appellee Kansas Department of Health and Environment.

N. Jack Brown, of Boddington & Brown, Chtd., of Kansas City, argued the cause, and Kenneth E. Holm, of the same firm, was with him on the brief for appellees Sam Umscheid, Kansas City-Wyandotte County Department of Health, and Darrell D. Newkirk.

Maurice J. Ryan, assistant city attorney, and Harold T. Walker, city attorney, were on the brief for appellee/cross-appellant City of Kansas City, Kansas.

R. Wayne Lampson, county counselor, was on the brief for appellee Wyandotte County Board of County Commissioners.

The opinion of the court was delivered by

LOCKETT, J.:

The co-administrators of three Wood Haven Schools, Inc., (Wood Haven) day care centers filed an action against the Kansas Department of Health and Environment (KDHE), its secretary, the Kansas City, Kansas — Wyandotte County Department of Health (KC-WCDH), its director and one of its employees, the City of Kansas City, Kansas, (City) and Wyandotte County (County) for violation of their civil rights...

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