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KITCHEN v. EMPLOYMENT SECURITY BOARD OF REVIEW

No. 83,860.

27 Kan. App.2d 775 (2000)

9 P.3d 575

DAVID E. KITCHEN, et al., Appellants, v. EMPLOYMENT SECURITY BOARD OF REVIEW, Respondent, and GENERAL MOTORS CORPORATION, Appellee.

Court of Appeals of Kansas.

Opinion filed July 21, 2000.

Attorney(s) appearing for the Case

Mark A. Kistler and Bruce C. Jackson, Jr., of Yonke, Arnold, Newbold, Winter & Jacoby, P.C., of Kansas City, Missouri, for the appellants.

Patrick M. Gavin and Rosalee M. McNamara, of Lathrop & Gage, L.C., of Kansas City, Missouri, for the appellee.

Before MARQUARDT, P.J., PIERRON, J., and ROGG, S.J.

PIERRON, J.:

David E. Kitchen, appellant, and approximately 3,500 hourly employees of the General Motors (GM) Fairfax plant in Kansas City, appeal the decision of the district court requiring them to refund the Kansas Department of Human Resources an overpayment of unemployment benefits based on a one-time special payment made by GM. Kitchen argues the district court erred in finding the one-time special payment was remuneration in the form of back pay or settlement...

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