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NEA-TOPEKA v. U.S.D. NO. 501

No. 81,073.

269 Kan. 534 (2000)

7 P.3d 1174

National Education Association-Topeka, Kansas Corporation; and PENNY ROBERTS, LINDA BAKER, and LESLIE KUHNS, Individually and For All Persons Similarly Situated, Appellants, v. UNIFIED SCHOOL DISTRICT NO. 501 and BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., Appellees.

Supreme Court of Kansas.

Opinion filed July 14, 2000.

Attorney(s) appearing for the Case

Stephen W. Cavanaugh, of Fisher, Cavanaugh, Smith & Lemon, P.A., of Topeka, argued the cause, and Richard D. Anderson, of Anderson Law Offices, of Topeka, and David M. Schauner, of Kansas National Educational Association, were on the brief for appellants.

Patricia E. Riley, of Weathers & Riley, of Topeka, argued the cause, and was on the brief for appellee Unified School District No. 501.

William H. Pitsenberger, general counsel, was on the brief for appellee Blue Cross and Blue Shield of Kansas, Inc.

The opinion of the court was delivered by

SIX, J.:

The dispute here is over entitlement to a health insurance premium "divisible surplus" refunded to Unified School District No. 501 (the District) by Blue Cross Blue Shield of Kansas, Inc. (BCBS). Plaintiffs National Education Association-Topeka, Inc., Penny Roberts, Linda Baker, and Leslie Kuhns, individually and for all persons similarly situated, (NEA-T) claim the surplus. NET sued the district and BCBS...

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