Steven Leland Olson v. James R. James, Judicial Administrator, Iley Simmons v. James R. James, Judicial Administrator, and State of Kansas

WILLIAM E. DOYLE, Circuit Judge.

The case before us is actually two cases which, although tried separately, have been, because of identical issues, consolidated for appeal. Each was a class action seeking declaratory and injunctive relief pursuant to United States civil rights statute 42 U.S.C. § 1983. In both cases attack is leveled against a Kansas statute, Kan.Stat. Ann. § 22-4513 (Supp.1978). The first of these cases is Olson v. James, No. 78-1706. In it Judge O’Connor, United States District Judge for the District of Kansas, held that the allegedly invalid Kansas statute was not…