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KANSAS DEPT. OF HEALTH & ENV'T v. KAN. INS. GUAR. ASS'N

No. 69,777

254 Kan. 863 (1994)

869 P.2d 692

KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Appellant, v. KANSAS INSURANCE GUARANTY ASSOCIATION, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1994.

Attorney(s) appearing for the Case

Thomas M. Franklin, of Polsinelli, White, Vardeman & Shalton, P.C., of Kansas City, Missouri, argued the cause, and Timothy J. Sear, of the same firm, of Overland Park was with him on the briefs for appellant.

Stuart Messer, of Glenn, Cornish, Hanson & Karns, Chartered, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is a declaratory judgment action to determine if the Kansas Insurance Guaranty Association (KIGA) is entitled to recover $300,000 it had previously paid the Kansas Department of Health and Environment (KDHE). The district court entered summary judgment in favor of KIGA. KDHE appeals therefrom.

There is no contention that (1) a declaratory judgment...

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