STATE, EX REL., v. ANCIENT ORDER OF UNITED WORKMEN

No. 39,688

178 Kan. 69 (1955)

283 P.2d 461

STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General of the State of Kansas, Appellant, v. ANCIENT ORDER OF UNITED WORKMEN OF KANSAS, a corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 7, 1955.


Attorney(s) appearing for the Case

Harold R. Fatzer, Attorney General, argued the cause, and Paul E. Wilson, Charles C. McCarter, Thomas M. Evans, Robert E. Hoffman, Fred W. Rausch, Jr. and James L. Galle, Assistant Attorneys General, were with him on the briefs for the appellant.

Harry W. Colmery, of Topeka, argued the cause, and James E. Smith, of Topeka, Kenneth G. Speir, of Newton, and A.C. Bokelman, of Washington, were with him on the briefs for the appellee.

Earl H. Hatcher, Special Assistant Attorney General, of Topeka, and Everett E. Steerman, Special Assistant Attorney General, of Emporia, of counsel.


The opinion of the court was delivered by

PRICE, J.:

This is an action by the state, upon the relation of the attorney general, to recover the sum of $110,000 from the Ancient Order of United Workmen of Kansas, a corporation, a fraternal benefit insurance society (hereinafter referred to as defendant), which sum was appropriated by the 1951 legislature and paid to defendant from the general revenue fund of the state for a hospital building located on land...

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