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STATE EX REL., v. SCHMITT

No. 38,810

174 Kan. 581 (1953)

258 P.2d 228

THE STATE OF KANSAS, on the relation of Harold R. Fatzer, the Attorney General, Plaintiff, v. D.W. SCHMITT, individually, and D.W. SCHMITT, Manager, "National Pure Trust Service, Rocky Mountain Division," and NATIONAL PURE TRUST SERVICE, organizational status unknown, Defendants.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

C.W. Hughes, special assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, C.H. Hobart, assistant attorney general, and George Siefkin, of Wichita, were with him on the briefs for the plaintiff.

Wm. H. Burnett, of Hutchinson, argued the cause, and Robert L. McDougal, of Denver, Colorado, was with him on the briefs for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original action in the nature of quo warranto commenced by the State on the relation of the Attorney General against D.W. Schmitt, individually, D.W. Schmitt, Manager, "National Pure Trust Service, Rocky Mountain Division," and National Pure Trust Service, organizational status unknown, to determine if the defendants have been exercising the privilege...

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