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KYBURZ v. FRANKLIN

No. 74,116.

23 Kan. App.2d 423 (1997)

934 P.2d 141

ARTHUR L. KYBURZ and MARY M. KYBURZ, Appellants, v. WAYNE L. FRANKLIN, SECRETARY OF HUMAN RESOURCES, STATE OF KANSAS, and PAT KETTLER, REGISTER OF DEEDS, SEDGWICK COUNTY, KANSAS, Appellees.

Court of Appeals of Kansas.

Opinion filed January 3, 1997.

Attorney(s) appearing for the Case

John C. King and John L. Brennan, of King Law Offices, Ltd., of Wichita, for appellants.

Glenn H. Griffeth, of Kansas Department of Human Resources, for appellee Wayne L. Franklin.

No appearance by appellee Pat Kettler.

Before GREEN, P.J., PADDOCK, S.J., and JAMES J. SMITH, District Judge, assigned.

GREEN, J.:

Arthur L. Kyburz and Mary M. Kyburz appeal from the judgment of the trial court dismissing their writ of mandamus petition. On appeal, the Kyburzes contend that K.S.A. 1995 Supp. 44-717(k) is constitutionally infirm because it denies them due process of law. Additionally, the Kyburzes contend that the trial court erred in determining that they had failed to exhaust their administrative remedies. We disagree and affirm the judgment of the trial court.

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