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STATE, EX REL., v. LEOPOLD

No. 38,532

172 Kan. 371 (1952)

240 P.2d 138

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 January 26, 1952.

Attorney(s) appearing for the Case

Milton Zacharias, of Wichita, argued the cause, and Vincent F. Hiebsch, Kenneth H. Hiebsch, J.R. Sheedy, Yale W. Gifford, Richard A. Render, and David W. Enoch, of Wichita, and Wm. Easton Hutchison, C.E. Vance, Clifford R. Hope, A.M. Fleming, and Bert J. Vance, of Garden City, were with him on the briefs for the appellant.

Blake A. Williamson, of Kansas City, argued the cause, and Harold R. Fatzer, attorney general, Charles A. Hobart, assistant attorney general, Dale E. Saffels, county attorney, and Clark H. McPherson, of Garden City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court striking a substantial portion of appellant's defense from his answer.

A brief statement of facts follows: This action was instituted jointly by the state of Kansas on relation of Dale H. Corley as county attorney for Finney County, Kansas, and the State Board of Medical Registration and Examination of Kansas to enjoin the appellant, V.A. Leopold...

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