Pecenka v. Alquest

The opinion of the court was delivered by

Harry G. Miller, District Judge Retired:

The plaintiffs have appealed from an order of the district court dismissing plaintiffs’ amended petition for failure to state a cause of action.

The controversy here is a sequel to the decision of the Court of Appeals in Pecenka v. Alquest, 6 Kan. App. 2d 26, 626 P.2d 802, rev. denied 229 Kan. 670 (1981), where a more complete statement of the facts involved is to be found.

In remanding the case, the Court of Appeals held that K.S.A. 73-203, under which plaintiffs claim relief, conferred upon military veterans who…