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RESOLUTION OVERSIGHT CORP. v. KANSAS HEALTH CARE STABILIZATION FUND

No. 97,410.

175 P.3d 268 (2008)

RESOLUTION OVERSIGHT CORPORATION, Appellant, v. KANSAS HEALTH CARE STABILIZATION FUND, Appellee.

Court of Appeals of Kansas.

January 11, 2008.

Attorney(s) appearing for the Case

Michael L. Hodges and Timothy D. Hamilton, of Lenexa, for appellant.

Hal D. Meltzer and Jarod G. Goff, of Baker, Sterchi, Cowden & Rice, L.L.C., of Overland Park, for appellee.

Before CAPLINGER, P.J., ELLIOTT and LEBEN, JJ.

CAPLINGER, J.

Resolution Oversight Corporation (ROC), an appointed receiver for Western Indemnity Insurance Company (Western Indemnity), appeals the district court's order granting summary judgment to the Kansas Health Care Stabilization Fund (the Fund) on ROC's breach of contract claim. ROC argues the district court erred in concluding the Fund acted ultra vires in entering into a letter agreement with Western Indemnity whereby the Fund agreed to reimburse Western...

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