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STATE, EX REL., v. LEOPOLD

No. 38,146

170 Kan. 613 (1951)

228 P.2d 538

STATE OF KANSAS, ex rel. DALE H. CORLEY, as County Attorney of and for Finney County, Kansas, and the STATE BOARD OF MEDICAL REGISTRATION AND EXAMINATION OF KANSAS, Appellee, v. V.A. LEOPOLD, D.O., Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 1951.

Attorney(s) appearing for the Case

A.M. Fleming, of Garden City, argued the cause, and Robert L. NeSmith and Harold Irwin, both of Wichita, and C.E. Vance, C.R. Hope, Bertram J. Vance and Clifford R. Hope, Jr., all of Garden City, were on the briefs for the appellant.

Blake A. Williamson, of Kansas City, and Theo. F. Varner, assistant attorney general, argued the cause, and Dale E. Saffels, county attorney, Dale H. Corley, ex-county attorney, and Clark H. McPherson, all of Garden City, were on the briefs of the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an action in the name of the state of Kansas on the relation of the county attorney of Finney county and on the relation of the state board of medical registration and examination to enjoin the defendant from what is designated in the petition as the unlawful practice of medicine. The court below overruled the defendant's demurrer. He has appealed.

The petition stated the official capacity...

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