KANSAS HEART HOSPITAL, L.L.C. v. IDBEIS

No. 97,131.

184 P.3d 866 (2008)

KANSAS HEART HOSPITAL, L.L.C. and Cardiac Health of Wichita, Inc., Appellees, v. Badr IDBEIS, M.D, et al., Defendants/Appellants, v. Gregory F. Duick, M.D., Steven A. Hutchinson, M.D., Douglas J. Milfeld, M.D., and Layne Reusser, M.D., Third-Party Defendants/Appellees. Cardiac Associates of Wichita, Inc., Appellee, v. Badr Idbeis, M.D., et al., Appellants, v. Shaker Dakhill, M.D., and Roger Roberts, D.O., Third-Party Defendants/Appellees.

Supreme Court of Kansas.

May 16, 2008.


Attorney(s) appearing for the Case

Todd E. Shadid, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, and Lynn D. Preheim, of Stinson, Morrison, Hecker, LLP, of Wichita, argued the cause, and Gary M. Austerman and Christopher A. McElgunn, of Klenda, Mitchell, Austerman & Zuercher, L.L.C., of Wichita, and Tyson C. Langhofer, of Stinson, Morrison, Hecker, LLP, of Wichita, were with them on the briefs for defendants/appellants.

Ken M. Peterson, of Morris, Laing, Evans, Brock & Kennedy, Chartered, of Wichita, argued the cause, and Robert W. Coykendall and Richard A. Kear, of the same firm, John Terry Moore, of Moore Martin, LC of Wichita, and John F. Reals, of the Law Offices of John F. Reals, of Wichita, were with him on the briefs for appellees.


The opinion of the court was delivered by LUCKERT, J.:

This case raises several issues related to the validity of a corporate bylaw provision that provided a corporation could redeem stock if a shareholder no longer met ownership eligibility requirements. The parties dispute whether the bylaw section is a restriction on stock and a redemption provision that must be in the articles of incorporation or a restriction on a shareholder's ownership of stock and a purchase...

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