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BENNETT v. VAN DOREN INDUSTRIES, INC.

No. 75,698.

262 Kan. 426 (1997)

939 P.2d 874

SHER BENNETT, FRANK CARTMELL, MARK CUTSINGER, WILLIAM OCKERT, and STEVE LEDGERWOOD, Appellants, v. VAN DOREN INDUSTRIES, INC., a Kansas Corporation, DAVID VAN DOREN, WALTON CONSTRUCTION COMPANY, INC., a Kansas Corporation, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed May 30, 1997.

Attorney(s) appearing for the Case

Robert T. Cornwell, of Law Offices of Robert T. Cornwell, of Wichita, argued the cause, and Carl W. Shewmaker, of Eureka, was with him on the briefs for appellants.

Richard W. Miller, of Miller Law Firm, P.C., of Kansas City, Missouri, argued the cause, and Weston A. Sechtem and Frederick J. Ernst, of the same firm, were with him on the brief for appellees.

James L. Wisler, of Schroer, Rice, P.A., of Topeka, was on the brief for appellee Kansas Public Employees Retirement Systems.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This appeal involves a wage dispute arising out of the construction of the El Dorado Correctional Facility. The five named plaintiffs (Employees) and 199 proposed class members were wage and hour employees of Van Doren Industries, Inc., (Van Doren) a subcontractor on construction of the El Dorado Correctional Facility for the State of Kansas. Walton Construction...

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