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HYRE v. SULLIVAN

No. 38,340

171 Kan. 309 (1951)

232 P.2d 474

EUNICE R. HYRE, Appellant, v. FRANK SULLIVAN, State Commissioner of Insurance, and GEORGE ROBB, State Auditor, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1951.

Attorney(s) appearing for the Case

Edward Rooney, Jacob A. Dickinson, and David Prager, all of Topeka, were on the briefs for the appellant.

Harold R. Fatzer, attorney general, Willis H. McQueary, assistant attorney general, and C.H. Hobart, assistant attorney general, were on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

Appellant filed this proceeding in mandamus in the district court seeking to compel appellees to pay her a ten percent increase in salary which she contends was authorized by the state legislature and for which an appropriation was made. Appellees appeared specially and moved to dismiss the action on the ground it was in substance and effect an action against the...

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