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STATE, EX REL., v. MOLITOR

No. 39,273

175 Kan. 317 (1953)

263 P.2d 207

STATE OF KANSAS, ex rel., HAROLD R. FATZER, Attorney General of the State of Kansas, and DORAL H. HAWKS, County Attorney of Shawnee County, Kansas, Appellees, v. SOPHIA MOLITOR, PATRICIA BATTAGLIA, JOAN MOLITOR, JOHN MOLITOR, a Partnership, doing business as FAMILY FINANCE COMPANY, and GORDON E. ZIMMERMAN (Gordon E. Zimmerman, Individually, being the Sole Appellant).

Supreme Court of Kansas.

Opinion filed November 7, 1953.

Attorney(s) appearing for the Case

Melvin R. Quinlan, of Topeka, argued for Gordon E. Zimmerman, and John S. Dean, Jr., of Topeka, was with him on the briefs for the appellants.

Harold R. Fatzer, attorney general, and Thomas M. Evans, assistant attorney general, both argued the cause, and Paul E. Wilson, assistant attorney general, Doral H. Hawks, county attorney, and Maurice D. Freidberg, assistant county attorney, were with them on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action to enjoin defendants from making loans at a rate of interest greater than permitted by law. The petition asked for a restraining order, a permanent injunction and for the appointment of a receiver. The court on August 5, 1953, appointed a receiver ex parte and without notice to the defendants and ordered him to take into his possession...

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