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STONE v. CITY OF KIOWA

No. 78,399, No. 78,400

263 Kan. 502 (1997)

950 P.2d 1305

LARRY WAYNE STONE and CLARENCE REX MINER, Appellants, v. CITY OF KIOWA, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1997.

Attorney(s) appearing for the Case

Alan C. Goering, of Goering and Slinkard, of Medicine Lodge, argued the cause, and Robert W. Slinkard, of the same firm, was with him on the brief for appellants.

Alan L. Rupe, of Morrison & Hecker, L.L.P., of Wichita, argued the cause, and Kelly J. Johnson, of the same firm, was with him on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

Larry Wayne Stone, chief of police for the City of Kiowa (the City), and Clarence Rex Miner, a Kiowa police officer, filed separate suits against the City, alleging breach of implied employment contracts and seeking overtime compensation for hours spent off duty but "on call." In each case, the district court entered summary judgment in favor of the City and denied the plaintiff's request for sanctions...

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